If feel you have not been properly provided for under the terms of a will, or if someone has died without leaving a will and you are not entitled to benefit under the intestacy rules, the Inheritance (Provision for Family and Dependants) Act 1975 (the Inheritance Act) grants the court authority to adjust the distribution of the deceased’s estate.
If you think you have a potential claim, contact our experienced team to explore your options.
You can make a claim for financial provision under the Act if you were:
- A spouse or civil partner of the deceased.
- The former spouse or civil partner of the deceased, and have not remarried or entered into a new civil partnership.
- Living with the deceased for at least two years prior to their death.
- The deceased’s child (including adult children).
- Treated by the deceased as their child.
- Were maintained or financially supported by the deceased.
Defending an Inheritance Act claim
Whether you are a beneficiary or an executor of an estate which is subject to a claim, it would be prudent to take some legal advice about your individual position. Executors and administrators may need guidance about how a claim can impact on their role. As beneficiaries, we can guide you through the legal process and defend the estate against the claim where appropriate.
What can I claim?
The court has wide powers to order provision from the estate for the claimant including:
- Lump sum payments
- Monies or property placed into a trust for the claimant’s benefit
- The entitlement to live in estate property for a fixed period of time or for life.
The value of the award will depend on the circumstances of the case and the type of claimant.
Are there time limits to making a claim?
A claim under the Inheritance Act must be submitted to court within six months of the date Grant of Representation being issued by the Probate Registry. In some circumstances the court may allow a claim to be brought after this time, but these cases are rare. You should contact us immediately if you think you have not been provided for appropriately or want to bring a claim against an estate.
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