Claims under the Inheritance Act
When someone has died, it is possible to make a claim against his or her estate under the Inheritance Act. A claim can be made regardless of whether they have left a Will or not,
Only certain people can make a claim using this law and as this is a complex area of law it is advisable that you contact us to seek legal advice as to whether your claim is likely to be successful or not.
Who can make a claim under the Inheritance Act?
Normally only immediate family or those very close to the deceased – such as an unmarried partner, can make a claim.
- A child of the deceased
- The spouse or civil partner of the deceased
- 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
What grounds are there for making a claim under the Inheritance Act?
It is up to you and your solicitors to show the Court that the provision you have been left (if any) is not sufficient to meet your needs.
There is no set formula about what is ‘reasonable’ and this will be decided on a case by case basis.
The following elements will be taken into account by the Court when deciding the merits of the claim:
- The size and nature of the deceased persons estate
- The financial resources and financial needs which the applicant has or is likely to have in the foreseeable future
- The financial resources and financial needs which any other applicant for an order under the Inheritance Act from the estate of the deceased has or is likely to have in the foreseeable future
- The financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future
- Any obligations and responsibilities which the deceased had towards any applicant for an order or towards any beneficiary of his estate
- 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.