I have been left nothing when I thought I would have inherited something, what can I do?

So you have been left nothing or not as much as you thought you would get – what rights do you have?

There are two ways an individual can dispose of their estate: by executing a Will or in absence of this document then in accordance with the Intestacy Rules.

What can I do?

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 dependent on a deceased prior to their death.

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, cohabitees, 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 to be 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 fall within one of the categories as outlined in Section 1 (1) of the Act (listed above); and
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 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.

The factors the Court will consider are set out in Section 3 (1) of the Act and they will take into account the following: the financial needs and resources of the applicant, any other applicant, any other beneficiary and the size and nature of the estate.

The Court will also consider if the deceased had any obligations and responsibilities towards the applicant or any other beneficiary of the estate as well any physical or mental disability of the applicant.

Will the Court apply the factors under Section 3 (1) of the Act to each applicant the same?

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.