Claims under the Inheritance Act

When someone dies and has not made suitable provision for their dependents in their will, it may be possible to make a claim under the Inheritance Act. It is also possible to claim where no will has been left.

Who can claim under the Inheritance Act?

Not everyone is entitled to make a claim under the Inheritance Act. Generally only immediate family, or those very close to the deceased – such as an unmarried partner can make a claim. For example:

• A spouse or civil partner
• A child
• A person treated as a child of the deceased
• A former spouse or civil partner who has not since remarried or formed another civil partnership
• Someone who lived with the deceased for at least 2 years before their death
• Someone who has been financially supported by the deceased up until their death who is financially dependent

What are the grounds for claiming under the Inheritance Act?

To make a claim it has to be shown that reasonable financial provision has not been made by the deceased for the claimant.

You and your solicitors must show to the court that the provision you have been left (if any) is not sufficient to meet your needs.

There is no set definition for what is ‘reasonable’, this will be decided on a case to case basis by the courts.

What factors are taken into account when claiming under the Inheritance Act?

The courts will consider the following:

• The size of the deceased’s estate
• Any obligations or responsibilities which the deceased had towards the applicant
• The financial resources and needs of the applicant now and in the future
• The financial resources and needs of any other applicant now and in the future
• The financial resources and needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future
• Any physical or mental disability of any applicant or any beneficiary of the estate
• Any other matter, including the conduct of the applicant or any other person, which in the circumstances of the case the court may consider relevant

Please contact us for more information.