Inheritance Act Claims

Our experienced solicitors in London and Cambridge offer complete solutions based on your circumstances and requirements.

Understanding the Inheritance Act (1975)

The Inheritance (Provision for Family & Dependants) Act 1975 (“the 1975 Act”) allows certain categories of people to challenge a Will on the basis that it fails to provide sufficient financial provision for them. A claim under the 1975 Act can only be brought where the deceased lived in England and Wales. A claim can be made against an estate regardless of if a Will is present.

To bring a successful claim under the 1975 Act, the court will need to agree that the deceased’s Will does not provide reasonable financial provision for the claimant. If this can be shown, the court has the discretion to vary how an estate shall be distributed.

Who Can Make a Claim Against an Estate?

The spouse or civil partner of the deceased
The former spouse or civil partner of the deceased (as long as they have not remarried or entered into a subsequent civil partnership)
Any person who, for two years prior to the death, was cohabiting with the deceased
A child of the deceased or a person who was treated as a child by the deceased
Any other person who was being maintained by the deceased prior to their death

Spouses and civil partners are treated differently from other applicants. Spouses are required to show that the deceased’s estate did not provide such financial provision for them as would be reasonable in all of the circumstances. They do not, however, need to satisfy the court that the lack of financial provision is required for their maintenance.

Can Children Apply for an Inheritance Act Claim?

Under the Inheritance Act 1975, children can make a claim, regardless of their age. They also don’t have to be a biological child of the deceased, as adopted children are included, as well as any person who was treated by the deceased as a child of a marriage or civil partnership. Children under the age of 18 are usually considered to have a stronger claim than adult children since they are financially dependent.

What Are the Grounds for Making an Inheritance Act Claim?

The grounds for making an Inheritance Act claim are based on the premise that the Will or intestacy rules do not make reasonable financial provision for certain individuals. The aim is to balance the claimant’s needs with the interests of other beneficiaries and the intentions of the deceased; the primary grounds of which are:

Financial Need: The claimant must demonstrate that they need financial provision from the estate. This includes assessing their current and future financial needs, and the standard of living they were accustomed to during the deceased's lifetime.
Relationship to the Deceased: The claimant must fall into one of the categories of people eligible to make a claim, as mentioned earlier under “Who Can Make a Claim Against an Estate”.
Size and Nature of the Estate: The court will consider the size and nature of the estate and whether it is sufficient to meet the reasonable financial needs of the claimant.
Contributions to the Estate: Any significant contributions made by the claimant to the deceased's estate, whether financially or otherwise, will be considered.
Obligations and Responsibilities of the Deceased: The court will consider any obligations and responsibilities the deceased had towards the claimant and other beneficiaries.
Provision Made in the Will or Under Intestacy: The court will review the existing provisions made in the Will or under intestacy rules and determine if they are reasonable for the claimant's maintenance.
Conduct of the Claimant: The claimant's behaviour towards the deceased may also be a factor, particularly if it affects the moral claim for provision from the estate.

What Is the Procedure for Submitting a Claim?

The typical procedure for making an Inheritance Act claim involves several steps:

Seek Legal Advice: Consult a solicitor to evaluate your case and guide you through the process.
Gather Evidence: Collect all relevant information and documents, such as the Will, estate details, your financial situation, and your relationship with the deceased.
File the Claim: Prepare and file the claim at court within six months of the grant of probate or letters of administration.
Serve Notice: Notify the executors or administrators of the estate and other beneficiaries about the claim.
Exchange Information: Both parties exchange relevant documents and information to support their positions.
Negotiate Settlement: Attempt to reach an out-of-court settlement through negotiation or mediation.
Court Proceedings: If a settlement is not reached, the case proceeds to court, where a judge will hear the evidence and make a decision.
Court Decision: The court will determine whether a reasonable financial provision has been made and, if not, what provision should be made.
Implement the Decision: Follow the court's orders regarding the distribution of the estate.

What Is Classed as ‘Reasonable Financial Provision?

Reasonable financial provision is the amount deemed necessary to meet the claimant's financial needs, considering their circumstances and relationship to the deceased, as determined by the court under the Inheritance Act 1975.

Is There a Time Limit?

If an applicant is eligible to bring a claim under the 1975 Act, they must act swiftly in issuing their claim. There is a strict deadline of six months to bring a claim from the date that the Grant of Representation was first taken out (i.e. this applies to both a grant of probate or a grant of letters of administration).

If you think you have a potential claim under the 1975 Act or you wish to defend a claim, please contact a member of our team.

How Do I Defend Against a Claim?

Defending against an Inheritance Act claim involves several steps to challenge the claimant's assertion that they have not received reasonable financial provision from the estate:

Seek Legal Advice: Consult a solicitor to evaluate your case and guide you through the process.
Examine the Claimant's Eligibility: Verify whether the claimant falls into one of the categories eligible to make a claim (e.g., spouse, child, dependent).
Assess Financial Provision: Review the provisions made in the Will or under intestacy rules to determine if they are reasonable based on the claimant's needs and circumstances.
Gather Evidence: Collect all relevant documents and information that support the adequacy of the existing provisions and challenge the claimant's financial need. This may include financial records and witness statements.
Evaluate the Estate's Size and Nature: Analyse the size and nature of the estate to demonstrate that it has been fairly and adequately distributed among all beneficiaries.
Consider the Deceased's Intentions: Present evidence of the deceased's intentions and reasoning behind the distribution of the estate as outlined in the Will.
Highlight the Claimant's Conduct: If applicable, present evidence of the claimant's conduct towards the deceased that may negatively impact their claim.
Negotiate a Settlement: Engage in negotiations or mediation to attempt to reach a settlement without going to court, if possible.
Prepare for Court: If the case proceeds to court, work with the solicitor to prepare a strong defence, including witness testimony and expert opinions if necessary.
Present Your Case: In court, present your evidence and arguments to demonstrate that reasonable financial provision has been made for the claimant and that the current distribution of the estate should stand.

How Can Culver Law Support You?

Culver Law can provide comprehensive assistance to someone making an Inheritance Act claim through the following services:

Expert Legal Advice: We provide clear, expert advice on the legal aspects of the claim, including the claimant's rights under the Inheritance Act and the best course of action.
Evidence Gathering: We can assist in gathering all necessary evidence, such as financial records, proof of relationship with the deceased, and details about the estate, to support the claim.
Documentation and Filing: We can help prepare and file the claim with the court within the required six-month timeframe, ensuring all documentation is accurate and complete.
Negotiation and Mediation: We can engage in negotiations with the estate's executors or administrators and other beneficiaries to seek a fair settlement without the need for court proceedings, potentially saving time and costs.
Representation in Court: If the case goes to court, we will provide strong representation, presenting evidence and arguments effectively to support the claim.
Support and Guidance: We will provide ongoing support and guidance throughout the entire process, helping the claimant navigate the legal system with confidence and clarity.

Why Choose Culver Law?

At Culver Law, we understand the complexities involved in Inheritance Act claims, and that it can be an emotionally taxing process. There are several reasons why you should trust us for Inheritance Act claims

Legal Expertise: We pride ourselves on our extensive knowledge and experience in inheritance law. Our team of solicitors has a deep understanding of the intricacies of the Inheritance Act and related legal principles.
Personalised Approach: We recognise that every inheritance dispute is unique, and therefore, a one-size-fits-all approach does not work. Our solicitors take the time to understand the specific details and nuances of your case.
Ethical Standards: Integrity and ethics are the cornerstones of our practice. We adhere to the highest ethical standards, ensuring that all our actions and advice are in our client’s best interests. We are transparent about our fees, processes, and the potential outcomes of your case.
Client-Centric Service: We place our clients at the heart of everything we do. We understand that dealing with inheritance disputes can be stressful and emotionally taxing. Therefore, we are committed to providing compassionate, responsive, and attentive service.

Meet Our Team

Michael Culver

Michael is a Court of Protection panel deputy for property and affairs. Based in our London office, he is responsible for managing the money and assets of people unable to manage such matters for themselves. Michael has also acted as a health and welfare deputy for a number of clients, making decisions for such clients over matters where they are unable to make decisions for themselves.

Michael is a Chartered Tax Adviser (CTA) with the Chartered Institute of Taxation, a full member of the STEP, a dementia friends champion with the Alzheimer's Society and a member of the Association of Contentious Trusts and Probate Specialists (ACTAPS).

Bridget Shinnick

Bridget is a Solicitor (Australian Qualified) at Culver Law, having joined the firm in April 2024. She obtained a Bachelor of Law and Legal Practice Degree in Australia in 2018, and then commenced her career as a solicitor in a top-tier Australian law firm. She specialises in Private Client work and Contentious-Probate matters, including Inheritance Act claims, challenges to the validity of Wills, and Executor and Beneficiary disputes.

Bridget understands that she works in a sensitive area of law, and therefore always undertakes her work with compassion and empathy.

Prior to joining Culver Law, Bridget was listed as a 2024 Rising Star in Wills and Estates Law in Doyles Guide (Australia’s equivalent of the Legal 500).

Our London and Cambridge-Based Solicitors Can Support You with Inheritance Act Claims

If you feel the Will of a loved one fails to financially provide for you, or you’re looking to defend a claim, please get in touch with either using the link below, on 0203 889 0166 (London office), or 01223 653010 (Cambridge office) for a free, no-obligation conversation on how we can help you.

FAQs

How long does an Inheritance Act claim take?

The majority of claims take under a year to resolve, often without the need to go to court. However, in some cases, going to court is necessary and cases will therefore take longer to be concluded.

What are the costs involved in making an Inheritance Act claim?

As each client’s needs are unique, our pricing is unique to you. We have a range of funding options available and are happy to provide you with a free quotation following our initial consultation. Contact us today to speak on 0203 889 0166 for our London office, or 01223 653010 for our Cambridge office.

Can I contest a Will if I'm not a beneficiary?

Technically, anyone can contest the validity of a Will. However, under the Inheritance Act 1975, only certain individuals like spouses, children, dependents, and cohabitees can claim if they believe the will does not provide reasonable financial provision for them.

Can an Inheritance Act claim be settled out of court?

Yes, an Inheritance Act claim can often be settled out of court through negotiation or mediation, which can save time and costs for all parties involved.

Wills, Probate and Inheritance Disputes

Get in touch

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Culver Law, London
44 Southampton Buildings
London
WC2A 1AP
0203 633 6226
Company No. 13313009

Culver Law, Cambridge
9 Hills Road
Cambridge
CB2 1GE
01223 653010

Any information on this website, whilst intended to be accurate, does not constitute legal advice.

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