What is the Inheritance (Provision for Family and Dependants) Act 1975, and who can claim under it?
Under the Inheritance (Provision for Family and Dependants) Act 1975 – often referred to simply as the “Inheritance Act” – certain categories of person may bring a claim against someone’s estate if their will fails to make “reasonable provision” for them.
Those who may bring a claim against an estate in such circumstances include:-
- A spouse, or a former spouse who has not remarried;
- A cohabitee at – and for the two years immediately prior to – the date of death (subject to some exceptions);
- A child (including a stepchild and adopted child) or a person treated as a child; and
- Any other person, not falling within any of the categories above, who has been financially maintained by the deceased.
How are claims under the Inheritance Act assessed and determined?
The Inheritance Act contains a list of factors which the court will take into account. These factors include the claimant’s financial needs (current and future), the needs and resources of the other beneficiaries of the estate, and other factors such as the parties’ health and general conduct.
Is there a time limit for claiming under the Inheritance Act?
Yes – claims must be brought within 6 months of the date that the Grant of Representation (the document giving the deceased’s personal representatives standing to deal with the estate) is issued. It is possible to bring a claim after the expiry of the time limit, but only at the court’s discretion. Seek advice at the earliest opportunity.
How have we helped clients bringing and defending Inheritance Act claims?
We have acted for many clients both bringing and defending Inheritance Act Claims, securing excellent outcomes. Examples include:-
- Bringing an Inheritance Act claim on behalf of a spouse and securing a settlement worth around £500,000;
- Acting for an Executor/Beneficiary in defending an Inheritance Act claim against an estate valued at over £400,000, and settling that claim for less than 3% of the estate’s value;
Contact Tim Jones for further information regarding the Inheritance Act.
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