Inheritance Act Claim Procedure

When a loved one passes away, disputes over their estate can be both emotionally and financially challenging. In some cases, the terms of a will – or the distribution of assets under the rules of intestacy – may fail to provide for someone who was financially dependent on the deceased. In England and Wales, the Inheritance (Provision for Family and Dependants) Act 1975, commonly referred to as the Inheritance Act, allows certain individuals to make a claim for “reasonable financial provision” from the estate.

Understanding the procedure for bringing an Inheritance Act claim is crucial. Acting promptly and following the correct legal steps can make the difference between a successful claim and a missed opportunity. At Blackstone Solicitors, we guide clients through each stage with precision and care, ensuring their rights are protected.

Please click here to find out more about our Wills and Inheritance Services.

Free Initial Telephone Discussion

For a free initial discussion on how we can help you deal with the legal implications of inheritance act claims, get in touch with us today. We are also experienced in dealing with all aspects of Wills, Probate and inheritance disputes and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.

Step 1: Establish Eligibility

Only certain people can make an Inheritance Act claim. Before taking any action, you must confirm that you fall within one of the following categories:

1. Spouse or civil partner of the deceased.
2. Former spouse or civil partner (who has not remarried or entered into another civil partnership).
3. Cohabiting partner – lived with the deceased as if married or in a civil partnership for at least two years immediately before death.
4. Child of the deceased (including adult children).
5. Person treated as a child of the deceased (e.g., stepchild or fostered child).
6. Any person financially maintained by the deceased immediately before death.

If you are unsure whether you qualify, obtaining legal advice is essential before proceeding.

Step 2: Understand the Time Limit

One of the most important aspects of the Inheritance Act procedure is the strict time limit for bringing a claim.

You generally have six months from the date of the grant of probate (or letters of administration) to issue court proceedings.

While the court has discretion to allow late claims, this is rare and only permitted in exceptional circumstances. Early action is therefore critical to avoid losing the right to claim.

Step 3: Assess Your Grounds for Claim

The court will only intervene if it decides that the will or intestacy rules fail to make reasonable financial provision for you. The standard of provision depends on your relationship to the deceased:

• Spouses and civil partners – entitled to provision reasonable in all the circumstances, not limited to maintenance.
• Others – entitled to provision reasonably necessary for their maintenance.

Before proceeding, your solicitor will evaluate whether your circumstances justify a claim, taking into account factors such as:

• Your current and future financial needs.
• The financial needs of other beneficiaries.
• The size and nature of the estate.
• Any obligations the deceased had towards you.
• Any disabilities affecting you or other beneficiaries.

Step 4: Gather Evidence

A strong claim relies on detailed evidence. This stage involves collecting:

• Financial records – income, expenses, debts, assets.
• Details of your relationship with the deceased, including evidence of financial dependence or promises made.
• Information about the estate – value of assets, liabilities, beneficiaries.
• Supporting documentation – such as correspondence, witness statements, or proof of cohabitation.

The more comprehensive your evidence, the greater your chances of achieving a favourable outcome.

Step 5: Pre-Action Negotiations

The courts encourage parties to resolve disputes without litigation where possible. Once your claim has been prepared, your solicitor will usually send a letter of claim to the executors (or administrators) of the estate and any other interested parties.

This letter will set out:

• Your relationship to the deceased.
• The grounds for your claim.
• The provision sought.
• The legal basis under the Inheritance Act.

The executors and beneficiaries will have an opportunity to respond, and negotiations or mediation may take place to try to settle the matter without court proceedings.

Step 6: Issuing Proceedings

If settlement cannot be reached, your solicitor will issue proceedings in the appropriate court before the six-month deadline expires.

The claim form and particulars of claim will outline the facts of your case, the legal basis for the claim, and the remedy sought. These documents are served on all relevant parties, who must then file a defence.

Step 7: Court Directions and Evidence Exchange

Once the claim is issued, the court will set a timetable for the case, which typically includes:

• Disclosure of relevant documents.
• Exchange of witness statements.
• Exchange of expert evidence (if required, for example, property valuations).

Throughout this stage, the court will encourage continued negotiation and may order mediation to help the parties reach agreement.

tep 8: Final Hearing

If no settlement is reached, the case will proceed to a final hearing.

At the hearing, each side will present their evidence and arguments. The judge will then decide:

• Whether reasonable financial provision has been made.
• If not, what provision should be awarded.

The court has wide discretion and can order lump sums, regular payments, transfer of property, or other arrangements to meet the claimant’s needs.

Step 9: Enforcement of Judgment

If the court awards provision, the judgment will set out how and when it is to be implemented. This may involve the transfer of funds, sale of property, or changes to the distribution of the estate.

If the losing party does not comply, enforcement action may be necessary, which your solicitor can handle.

Practical Tips for a Successful Claim

• Act quickly – do not wait until probate is granted to seek advice.
• Be open about finances – the court will expect full disclosure from all parties.
• Consider settlement – litigation can be costly and stressful; negotiated outcomes can save time and preserve relationships.
• Work with a specialist – Inheritance Act claims are complex, and expert guidance is essential to navigate the process effectively.

Defending an Inheritance Act Claim

If you are an executor or beneficiary facing a claim, the procedure is similar, but your role is to:

• Assess the strength of the claim.
• Gather evidence to challenge it.
• Engage in negotiations where appropriate.
• Prepare for trial if settlement is not possible.

At Blackstone Solicitors, we represent both claimants and those defending claims, ensuring that our clients’ interests are protected at every stage.

Why Choose Blackstone Solicitors

Inheritance Act claims are highly fact-specific and often involve sensitive family issues. Our solicitors combine legal expertise with practical, empathetic support, ensuring you are fully informed and supported throughout the process.

We operate across England and Wales, offering:

• Clear, tailored advice on your eligibility and prospects.
• Robust representation in negotiations and at court.
• Cost-effective strategies aimed at securing the best possible outcome.

Conclusion

The Inheritance Act claim procedure involves multiple stages – from establishing eligibility and gathering evidence to negotiating settlements and, where necessary, going to court. With strict time limits and complex legal tests, early specialist advice is essential.

Whether you are bringing or defending a claim, Blackstone Solicitors will guide you through the process with clarity, determination, and a commitment to achieving a fair result.

How we can help

We have a proven track-record of helping clients deal with inheritance act claims. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting. (or whether) to incorporate, what kind of ownership

How to Contact Our Wills and Probate Solicitors

It is important for you to be well informed about the issues and possible implications of an inheritance act claim. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.

To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Authored by Ben Posted in Blog, News Tagged as

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