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Inheritance Act Claims

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to bring a claim for maintenance against the Deceased’s Estate, where they have not been adequately provided for in the original Will or under the Intestacy Rules. People falling under one of the following categories may be eligible to make a claim:

1. The wife, husband or civil partner of the recently Deceased person.
2. The ex-wife, ex-husband or ex-civil partner of the Deceased person who are yet to remarry or form another civil relationship.
3. Cohabitees i.e. someone who lived with the now Deceased person for a minimum period of 2 years before their death as husband and wife.
4. A child of the recently Deceased person.
5. A person who was treated as a child of the recently Deceased person.
6. Someone who was financially supported by the recently Deceased person.

Inheritance Act Claims

The factors the Court will give consideration to when determining whether or not reasonable financial provision has been made by the Deceased for the applicant include the following:

1. The needs of the applicant and the financial resources available to fulfil those needs.
2. The needs of any other applicant and their financial resources.
3. The needs of all the beneficiaries as well as their financial resources.
4. The obligations and duties of the Deceased person towards the applicant and any named beneficiary.
5. The size and extent of the Estate belonging to the Deceased person.
6. Any disability, either physical or mental, suffered by the applicant or any other interested party.
7. Any matters including conduct that the Court might consider relevant to the claim.

Inheritance Act Claims

In respect of spouses/civil partners or former spouses who have not been married the Court must have regard to the following:

1. The age of the applicant.
2. The duration of the marriage.
3. Any contribution made by the applicant to the welfare of the family of the Deceased, including any contribution by looking after the house or caring for the family.

In respect of husband or wife or civil partner the Court must have regard to what provision the applicant might reasonably have expected to receive if, on the day on which the Deceased died, the marriage instead of being terminated by death, had been terminated by a decree of divorce.

Each case is fact specific

Maintenance can be awarded to the applicant in a variety of forms and is at the discretion of the Court. For example, the Court could award a life interest, lump sum payment or ongoing maintenance payment.

Talk to Tollers

For specific advice regarding Inheritance Act Claims, Talk to Tollers, our highly experienced team will listen to you with empathy and advise you of the best course of action.