Making an Inheritance Act claim
In this brief guide to making an Inheritance Act claim we look at the main issues that need to be considered, such as who can make a claim and how much is likley to be awarded. But we start by looking at the Inheritance Act itself.
What is the Inheritance Act?
The Inheritance Act, or the Inheritance (Provision for family and Dependants) Act to give it its full title, is designed to enable people to make a claim against a loved one’s estate where they have been unreasonably excluded or have received less from the estate than they are entitled to.
Who can make a claim under the Inheritance Act?
The categories of people who can make a claim under the Inheritance Act are:-
- spouses and civil partners;
- former spouses and former civil partners;
- cohabitees;
- children of the deceased;
- children of the family; and
- anyone who was financially dependant on the deceased.
Am I entitled to receive anything under the Inheritance Act?
If you fall within one of the categories of people who can make a claim then the next question is to decide whether you are entitled to receive anything under the Inheritance Act. To answer this we need to consider if “reasonable financial provision” has been made for you from the estate. If “reasonable financial provision” has not been made for you then the Court has the power to redistribute the estate, regardless of the terms of the deceased’s Will or the rules of intestacy.
How much will I get from making an Inheritance Act claim?
The amount you get from making an inheritance claim will depend on a number of factors. For instance, spouses tend to be treated more generously than other categories of claimant. It will also depend upon your own financial needs and resources, your health and any promises made to you by the deceased.
So, each case is different and you will need a personal assessment to be carried out in order to establish what you might be entitled to receive from making an inheritance claim.
How we can help
To find out more about making an inheritance claim and the kind of provision you can expect to receive call one of our specialist inheritance team on our free legal helpline of 0333 888 0404 or send details of your case to us at [email protected]. We can often deal with Inheritance Act claims on a No Win, No Fee basis and can look at this as part of the free case assessment.
