What is an Inheritance Act Claim?

If an individual executes a Will they do so because they wish to dispose of their estate as they please. Equally, if an individual does not execute a Will then their estate will be distributed in accordance with the Intestacy Rules.

What if a deceased does not leave you enough or nothing at all whether in their Will or under the Intestacy Rules and you were financially dependent on them?

The Inheritance (Provision for Family and Dependants) Act 1975 (“The Act”) is an Act of Parliament that provides protection to individuals who have been financially dependant on a deceased.

The Act will come into play when a Will or the Intestacy Rules fails to provide a “reasonable financial provision”. The Act provides protection to spouses, civil partners, co-habitees, children and any other dependants who have survived the deceased and been left without the relevant means to survive.

Am I eligible to make a claim under the Act?

There are certain categories that must be explored and satisfied in order to be eligible to present a claim to Court and these are as follows:

1. The deceased must have been living in England and Wales at the time of death;
2. As an applicant, you must be one of the below as outlined in Section 1 (1) of the Act:
   • The Spouse of Civil Partner of the deceased;
   • A former Spouse or Civil Partner of the deceased who has not re-married or entered another civil partnership
   • A child of the deceased;
   • A person treated like a child by the deceased by virtue of a marriage of civil partnership;
   • A person who was immediately before death of the deceased maintained, either wholly or partly on the deceased;
   • A person who was cohabiting with the deceased and living with them for a period of at least two years.
3. If the above is satisfied, then there is a strict time limit to lodge an application to Court of six months from when the Grant of Probate or Grant of Letters of Administration was issued from the Probate Registry.

What will the Court consider when determining my application under the Act?

The Court will need to consider whether there has been reasonable financial provision for you. Determining this is subjective and based on each individual application and the Court when deciding the same will do so on several factors.

What factors will the Court consider?

The Court will need to consider the applicant’s needs and resources and consider what is reasonable for them to receive for their own maintenance. Such factors are set out in Section 3 (1) of the Act which can be found below:

“(a) the financial resources and financial needs which the applicant has or is likely to have in the foreseeable future;

(b) the financial resources and financial needs which any other applicant for an order under section 2 of this Act has or is likely to have in the foreseeable future;

(c) 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;

(d) any obligations and responsibilities which the deceased had towards any applicant for an order under the said section 2 or towards any beneficiary of the estate of the deceased;

(e) the size and nature of the net estate of the deceased;

(f) any physical or mental disability of any applicant for an order under the said section 2 or any beneficiary of the estate of the deceased;

(g) 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.”

Are the above factors same for each applicant?

No. Any claim under the Act made by a spouse or civil partner are different and the Court when determining what is reasonable will look further than what is required for maintenance and consider the following factors as set out in Section 3(2) of the Act which are summarised below:

1. The age of the applicant and the duration of the marriage;
2. The contribution the applicant made to the welfare of the family;
3. What the applicant would have reasonably expected to receive had the marriage been terminated by a divorce.

Is Court the only option?

Given the time, emotion and cost that can go into pursuing such a claim it is always advisable to consider Alternative Dispute Resolution (ADR) as an option to resolving disputes at the earliest opportunity. ADR is a Court free environment and is cost effective and quicker than going to Court. Here at Franklins Solicitors LLP we embrace all forms of ADR.

Claims such as these can strain relationships and divide families. Given the strict time limits it is imperative if you are contemplating a claim under the Act to seek specialist advice to ensure a full case plan is prepared to outline your options and next steps.

If you require legal advice or assistance in regards to contentious probate and Trusts or Inheritance Act Claims, please do not hesitate to contact a member of the Dispute Resolution Team here at Franklins Solicitors either on 01604 828282/ 01908 660966 or at litigation@franklins-sols.co.uk.