Inheritance Act Claims

There are a number of things a court must consider when reviewing a claim under the Inheritance Act. These include:

• Your financial needs and resources
• The size and nature of the estate
• What obligations and responsibilities the deceased had to you
• Any disabilities you have, whether physical or mental, that make financial provision necessary
• The needs and resources of those named in the Will and any others who have claims on the estate.

If you’re making a claim as a spouse or civil partner, the court will also take into consideration things such as how long you were together.

They might also look at other relevant factors, such as the conduct of the parties. Each case is different and there is no blanket rule for who is entitled to what.

We understand that these claims come at a time that is already emotionally demanding, and by their very nature can be deeply personal. We have the experience and expertise to support you through the process and ensure you get the best outcome possible.

Inheritance Act claims are decided on a case by case basis and depend on the particular circumstances of the applicant and their relationship to the deceased, as well as the details of the estate itself.

In general, children, partners, and any other dependants of the deceased might all expect reasonable provision from the estate. ‘Children’ can include step-children, as well as anyone who was treated as a child of the family, even if they aren't related.

Your relationship to the deceased will also determine what you are entitled to and the level of financial need you must prove. While spouses and civil partners do not have to show evidence of financial need, children and other dependants do have to. They are then entitled ‘reasonable provision’ for their maintenance.

If you’re unsure of whether or not you have a valid claim, we urge you to get in touch today – the time restrictions for making a claim under the Inheritance Act are very strict.

Making a claim will differ slightly depending on the circumstances of your dispute, but it’s usually made up of the same steps:

1. Investigation

We’ll examine the Will and any related documents (this might be property deeds, trust accounts, previous Wills made by the deceased).

If relevant, we may also gather medical evidence about the deceased, to understand their condition when they made the Will. This would be particularly important in disputes over whether or not someone had mental capacity to make a Will.

We might also get witness statements from those who knew the deceased, to better understand the full circumstances in which the Will was drawn up. These investigations will help us confirm whether you can make a claim, and what type of claim it will be.

2. Mediation

Most disputes can be settled by an alternative dispute resolution method, such as mediation. This means that you don’t have to go to court, which can be costly and time-consuming.

Mediation typically takes place on one day, with a professionally trained mediator present as a neutral third party. The mediator’s role is to try to help you reach an agreement with the other parties.

3. Court

Some disputes cannot be resolved by reaching an agreed settlement. If this is the case, the matter will have to be decided by a court. This is rare, however – and if it does happen, we have the expertise to secure the best outcome for you.

Whatever the circumstances of your dispute, we’ll support you every step of the way – and we’ll give you a clear idea at the start of how long we think it will take, and the outcome we think you can expect.

Most claims take less than a year and don’t have to go to court. However, every case is different and time spans depend on the type of dispute and your individual situation.

Some disputes can be resolved quickly in a matter of months, but others might take years to conclude and involve going to court several times.

We’ll advise you at the start how long we think it will take. Whatever the situation, we always aim to resolve your dispute as quickly and efficiently as possible. We understand that this is a difficult time, and we’re here to help you through.

Most disputes can be resolved by negotiation and discussion, without having to go to court. However, sometimes this isn’t possible and court is the only way.

We understand that most people would prefer to keep their dispute out of court, and we will always do everything we can to try and reach an agreement by mediation or negotiation.

However, if your dispute does have to go to court, we will support you at every stage. We have the experience to handle court disputes efficiently and effectively, to achieve the best outcome for you.

We understand that the death of a loved one can be a distressing and difficult time, and we’ll do everything we can to make sure your claim is as stress-free as possible.

We’re happy to meet with you at one of our offices – or if you prefer, we can deal with everything by phone or email. We can also come and meet you at a place that’s convenient for you.

We have clients across the country and will always strive to make everything as convenient for you as possible.