An inheritance claim is a legal action taken by an individual who believes that they have not received a fair share of a deceased person’s estate. These claims are typically made under the Inheritance (Provision for Family and Dependants) Act 1975, which allows certain people to request reasonable financial provision if a will or intestacy does not adequately provide for them.
At Blackstone Solicitors, we advise clients across England and Wales on inheritance claims and other probate matters. This article explains what an inheritance claim is, who can make one, the grounds for bringing a claim, and the process involved.
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Understanding Inheritance Claims
An inheritance claim is not about challenging the validity of a will. Instead, it is about ensuring that the deceased’s estate provides reasonable financial support for those entitled under the law. The claim focuses on fairness and the claimant’s needs rather than disputing the legal form of the will itself.
The court has discretion to redistribute assets to achieve reasonable provision, taking into account the claimant’s circumstances, the size of the estate, and the intentions of the deceased.
Who Can Make an Inheritance Claim?
Not everyone can make an inheritance claim. The law sets out specific categories of eligible claimants:
- Spouses and civil partners: Current partners of the deceased may claim if they were not adequately provided for.
- Former spouses: In certain circumstances, former spouses can make a claim, particularly if financial obligations continue.
- Children: This includes adult children who may have been left out or underprovided for in the will.
- Dependants: Anyone who was financially dependent on the deceased at the time of their death, such as cohabiting partners or other relatives who relied on the deceased for support.
Eligibility is a key factor, and legal advice is essential to determine whether a potential claimant falls within these categories.
Grounds for an Inheritance Claim
The central question in an inheritance claim is whether the estate makes reasonable financial provision for the claimant. Factors considered by the court include:
- The financial needs and resources of the claimant
- The size and nature of the estate
- The obligations and responsibilities of the deceased to the claimant
- The deceased’s intentions, as expressed in the will or other communications
- Any physical or mental disability of the claimant
The court balances the claimant’s needs against the interests of other beneficiaries. The goal is to ensure fair and reasonable provision without undermining the intentions of the deceased unnecessarily.
Types of Provision
An inheritance claim can result in different types of provision, including:
- Lump sum payments: A one-off payment to meet the claimant’s financial needs
- Regular payments or maintenance: Ongoing payments for living expenses or care
- Transfer of property or assets: Part of the estate may be transferred to the claimant
The specific form of provision depends on the claimant’s circumstances and the size and nature of the estate.
Time Limits for Bringing a Claim
Time is a critical factor in inheritance claims. Generally, a claim under the Inheritance Act must be brought within six months from the date of grant of probate or letters of administration. Probate is the legal process by which the estate is formally recognised and administered.
Extensions to this time limit are rare and require exceptional circumstances. Delay can make it difficult to gather evidence and may weaken the case.
The Process of Making an Inheritance Claim
Inheritance claims follow a structured legal process:
Seek Legal Advice
The first step is to obtain professional legal advice. A solicitor experienced in probate and inheritance disputes can assess the merits of the claim, gather necessary evidence, and advise on the likely outcome.
Prepare Evidence
Evidence is essential to support an inheritance claim. This may include:
- Financial records and evidence of dependency
- Medical records if relevant to needs
- Details of the deceased’s estate, including assets and liabilities
- Documentation of previous gifts or provisions made to the claimant
Negotiation and Mediation
Many inheritance disputes can be resolved without court proceedings. Negotiation or mediation allows parties to reach an agreement that meets the claimant’s needs while respecting the wishes of other beneficiaries.
Court Proceedings
If negotiation fails, the matter may proceed to the High Court. The court will consider all relevant factors and decide whether to award provision, the type of provision, and the amount. Court proceedings can be lengthy and complex, so early legal advice is essential.
Factors That Affect the Outcome
Several factors influence the outcome of an inheritance claim:
- The claimant’s financial needs and resources
- The size of the estate
- Any previous gifts or advances made to the claimant
- The relationship between the deceased and the claimant
- The deceased’s intentions as expressed in the will
Each case is unique, and the court exercises discretion based on the evidence and circumstances.
How Blackstone Solicitors Can Help
Blackstone Solicitors provides expert guidance on inheritance claims across England and Wales. Our services include:
- Assessing the merits of a potential claim
- Advising on eligibility and likely outcomes
- Gathering and presenting evidence to support a claim
- Representing clients in negotiation, mediation, or court proceedings
We offer sensitive and practical advice, helping clients navigate the emotional and legal complexities of inheritance disputes.
Final Thoughts
An inheritance claim provides a mechanism for eligible individuals to seek reasonable financial provision when a will or intestacy does not adequately provide for them. Understanding eligibility, grounds for claim, and the legal process is crucial for anyone considering action.
Early legal advice is essential to protect your rights, gather evidence, and determine the best course of action. With professional guidance, it is possible to secure fair provision while respecting the intentions of the deceased.
At Blackstone Solicitors, we are here to guide you through every stage of the Wills and Probate process with clarity, efficiency, and compassion. Whether you are applying for probate for the first time or dealing with a complex estate, our experienced team is ready to help.
To read more about our services, please visit:
https://blackstonesolicitorsltd.co.uk/services-for-you/probate/
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of Wills and Probate. 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.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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