Inheritance Act claims – understanding your rights and options

Inheritance disputes are often emotionally challenging, made even more difficult by the complexities of the law surrounding them.

At Moore Barlow, we specialise in guiding individuals and families through disputes involving trusts, wills, estates, and other private wealth matters, always ensuring you have the expert advice and support you need during a difficult time.

One common area of contention when it comes to estates and inheritances is a dispute covered by the Inheritance (Provision for Family and Dependants) Act 1975, commonly known as “Inheritance Act claims” or “1975 Act” claims.

What is an Inheritance Act claim?

An Inheritance Act claim arises when a person feels that they have not been adequately provided for within the will of a deceased individual, or under the intestacy rules if no valid will exists. The Inheritance (Provision for Family and Dependants) Act 1975 enables certain categories of people to challenge the distribution of an estate, seeking reasonable financial provision to maintain their lifestyle or meet their needs.

This type of claim does not necessarily dispute the validity of the will itself but instead centres on whether appropriate provision has been made for specific individuals. Often, claimants believe they were mistakenly or unfairly left out of the will or that the inheritance they received was insufficient and inadequate in light of their relationship with, or dependence upon, the deceased person.

Who can bring an Inheritance Act claim?

The Inheritance Act clearly defines the categories of individuals who are eligible to bring a claim against a deceased person’s estate. These typically include:

• The spouse or civil partner of the deceased;
• A former spouse or former civil partner (provided they have not remarried or entered a new civil partnership);
• An unmarried partner who lived with the deceased as if they were a spouse or civil partner for at least two years before the death;
• A child of the deceased, including adult children;
• Any person who was treated as a child of the deceased (for example, stepchildren);
• Any person who was financially dependent upon the deceased at the time of the deceased’s death.

Each of these categories carry specific nuances and eligibility alone does not guarantee success in a claim. A claimant must demonstrate clearly that the deceased failed to provide reasonable financial provision.

How are Inheritance Act claims assessed?

The court carefully considers a number of key factors when assessing an Inheritance Act claim. Each case is unique, but generally, the court will look at:

• The size and nature of the estate;
• The financial circumstances and future financial needs of the claimant and any other interested beneficiaries;
• The relationship between the deceased and the claimant;
• Any obligations or responsibilities the deceased had toward the claimant;
• Any physical or mental disabilities or special health circumstances of the claimant;
• Any other relevant circumstances, such as promises or assurances previously given by the deceased.

It is imperative to carefully compile and present evidence that supports each of the above criteria. With the expertise of an experienced solicitor, you can build a compelling and clear case under the Inheritance Act.

Time limits for bringing an Inheritance Act claim

It’s crucial to understand that there are strict time limits in place for bringing an Inheritance Act claim against an estate. Typically, you must bring your claim within six months from the date probate was granted. While extensions can sometimes be obtained, they are granted only in limited circumstances and cannot be guaranteed.

If you believe you have grounds for an Inheritance Act claim or have been effected by someone intimating such a claim against you, we strongly recommend speaking with a specialist solicitor as soon as possible. At Moore Barlow, we offer clear guidance to ensure you avoid missing any crucial deadlines that could harm your case.

Resolving Inheritance Act claims through alternative dispute resolution

Not all inheritance disputes need to end up in court. Many claims are successfully resolved through negotiation or Alternative Dispute Resolution (“ADR”) processes, such as mediation. These methods can often be quicker, less expensive, and less emotionally charged alternatives to lengthy litigation.

Our experienced solicitors at Moore Barlow are skilled negotiators who understand the value of ADR processes. Employing sensitive diplomacy alongside professional determination, we strive to achieve the best possible outcomes for our clients.

Litigation and court proceedings for Inheritance Act claims

In circumstances where negotiations fail to produce an acceptable outcome, litigation may be necessary. Court proceedings can involve detailed legal arguments and require in-depth knowledge of inheritance law. At Moore Barlow, we possess both the expertise and experience needed to present your case convincingly and effectively in court.

Our team is committed to vigorously protecting your interests and advocating tirelessly to achieve the most favourable possible result. We understand the emotional strain that litigation can present and guide you compassionately and supportively through each stage of the process.

Why choose Moore Barlow for your Inheritance Act claim?

At Moore Barlow, we understand the emotional complexity of inheritance disputes and approach every case with sensitivity, tact, and clarity. Our team of expert solicitors is dedicated to providing tailored advice, working closely with individuals and families involved in disputes concerning wills, trusts, and other inheritance issues. We consistently aim to deliver personal, practical solutions that provide peace of mind.

With extensive experience navigating the intricacies of Inheritance Act claims, we take pride in offering clear, honest, and practical advice tailored to your unique circumstances. Whether you are considering bringing a claim or defending one, our solicitors’ expertise and commitment to achieving successful outcomes make us trusted partners throughout the entire process.

If you face an inheritance dispute, Moore Barlow is your supportive partner, providing practical legal advice with compassion. Contact our private wealth disputes solicitors today to discuss your case in confidence and discover how we can help you achieve the best possible resolution.