Inheritance Act Claims

When someone has died, it may be possible to make a claim against their estate under the Inheritance Act. This is regardless of whether they have left a Will or not.

Only certain people can make a claim using this law. As this is a complex area of law it is critical that you contact us to seek expert legal advice as to whether your claim is likely to be successful or not.

Who can make a claim under the Inheritance Act?

Normally only immediate family, or those very close to the deceased – such as an unmarried partner can make a claim.

The spouse or civil partner of the deceased
A child of the deceased
A person treated as a child of the deceased
A former spouse or civil partner who has not since remarried or formed another civil partnership
Someone who lived with the deceased for at least 2 years before their death
Someone who has been financially supported by the deceased up until their death

What are the grounds for making a claim under the Inheritance Act?

The basis for making a claim is simply this: that reasonable financial provision has not been made by the deceased for the claimant.

It is up to you and your solicitor to show the Court that the provision you have been left (if any) is not sufficient to meet your needs.

There is no set formula about what is ‘reasonable’ and this will be decided on a case-to-case basis.

The following factors will be taken into account by the Court when deciding the merits of the claim:

The size and nature of the deceased’s estate
The financial resources and financial needs which the applicant has or is likely to have in the foreseeable future
The financial resources and financial needs which any other applicant for an order under the Inheritance Act from the estate of the deceased has or is likely to have in the foreseeable future
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
Any obligations and responsibilities which the deceased had towards any applicant for an order or towards any beneficiary of his estate
Any physical or mental disability of any applicant or any beneficiary of the estate
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

Please contact us for more information.