Inheritance Act Claims

When a loved one passes away, the distribution of their estate should reflect both their wishes and, in some cases, their responsibilities to those who depended on them. Yet not every will or intestacy arrangement provides fairly or adequately. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals may challenge the estate if they believe they’ve been left without reasonable financial provision.

At Blackstone Solicitors, we help clients understand and pursue Inheritance Act claims with clarity, sensitivity, and strategic precision.

At Blackstone, we always aim to provide the best service possible. Meticulous in our approach, we will make sure everything is dealt with as you wish and will keep you updated throughout the legal process, ensuring that you always know of any developments.

“The service I received I could definitely say was well timed, accurate and has been done as quick as I could imagine.”

– Bahram

Who Can Make a Claim?

Not just anyone can bring a claim under the Act. The following categories of individuals may be eligible:

Spouses or civil partners of the deceased
Former spouses or civil partners (provided they haven’t remarried)
Children, including adult children and step-children
Anyone treated by the deceased as a child of the family
Individuals who were financially maintained by the deceased

These claims are not about disputing the validity of the will itself, but rather about whether the applicant has been provided for adequately.

What Counts as “Reasonable Financial Provision”?

The Act distinguishes between types of claimants:

Spouses and civil partners are entitled to provision as if the marriage had ended in divorce, which often includes a share of the estate.
Other applicants (e.g., children or dependants) are entitled to provision to meet their maintenance needs, which can vary depending on personal circumstances, lifestyle, and financial dependency.

Claims may involve arguments about housing, income, education costs, or ongoing care needs.

Time Limits and Process

Inheritance Act claims must usually be made within six months of the grant of probate or letters of administration. While courts can grant extensions, they do so sparingly and only in exceptional cases.

The process generally involves:

Legal assessment of the claim’s merits
Pre-action correspondence and possible mediation
Court proceedings if the matter cannot be resolved amicably

At every stage, having a knowledgeable solicitor on your side ensures your position is properly articulated and supported by evidence.

Defending Against a Claim

If you are an executor or beneficiary facing an Inheritance Act claim, it’s vital to respond strategically. Defence involves safeguarding the testator’s wishes while evaluating the legitimacy and scope of the applicant’s needs. A prompt and measured legal approach can help resolve the matter and protect estate assets.

Navigating Sensitive Family Dynamics

These disputes often occur at emotionally charged moments and can involve fractured relationships. At Blackstone Solicitors, we balance firm legal guidance with tact and empathy, aiming for outcomes that are both fair and respectful of all involved.

Whether pursuing a claim or defending one, our experienced team is here to help you make sense of your rights and responsibilities under the law.

Our Approach

We place huge emphasis on getting things done properly and efficiently. This is especially true when providing legal advice concerning inheritance act claims and we have vast experience of this area of law. We take all of the necessary provisions to protect you, your family and your estate ensuring they are properly set out, fulfilling every aim and objective whatever your requirements may be.

Our Services

We can provide help with a wide range of matters relating to wills and inheritance disputes, including:

Get in Touch

Contact us today to discuss any matter relating to inheritance act claims. We can talk about your situation in-depth and get to the bottom of what you need and how we can help. We are here to answer any questions which you have, and we aim to make everything as simple for you as possible.

Our team is approachable and professional, and we will do everything in our power to help you get the outcome you need. Call us on 0330 808 0801 or, if you would prefer us to contact you, leave your details via our online enquiry form.

We offer our services to clients in Manchester, Chester, Cheshire and throughout the rest of the UK. We also have an office in London.