Inheritance Act claims

You can potentially make an Inheritance Act claim if you believe you have not been adequately provided for in a loved one’s will. This can include situations where you are a spouse, child, or dependent of the deceased. It is important to seek legal advice promptly as there are strict time limits for making a claim.

The time limit to make an Inheritance Act claim is 6 months from the date of the Grant of Probate or the Letters of Administration, in the case of intestacy. It is important to seek legal advice promptly to ensure you do not miss this deadline.

The cost of making an Inheritance Act claim can vary, depending on the complexity of the case and the specific circumstances involved. It is best to consult with a specialist law firm to discuss your situation and receive an accurate estimate of the potential costs involved.

Making an Inheritance Act claim, specifically under the Inheritance (Provision for Family and Dependants) Act 1975 in the UK, involves several steps. Here’s a concise guide:

1. Establish eligibility: Before proceeding, speak to a solicitor to ensure that you qualify as a claimant under the Act. Eligible individuals include spouses, civil partners, cohabitees, children, and any person who can prove they were financially dependent on the deceased.
2. Initial review: It’s crucial to assess the will or the rules of intestacy to determine if they make reasonable financial provision for you. Seek advice from a solicitor specialised in inheritance disputes to understand the merits of your claim.
3. Collect information: Gather all relevant documentation, including the will, details of the estate’s assets and liabilities, and any evidence of your financial dependency on the deceased.
4. Act promptly: There is a time limit for making a claim, which is generally six months from the date the Grant of Probate or Letters of Administration are issued. While the court can allow claims outside of this period in exceptional circumstances, it’s imperative to act within the timeframe for the best chances of a successful outcome.
5. Alternative dispute resolution: Before resorting to court proceedings, consider mediation or negotiation. These can be less adversarial and more cost-effective methods of resolving disputes.
6. Issue proceedings: If no resolution is achieved, formally issue a claim at the court. This involves preparing a claim form and a detailed witness statement, setting out the basis for your claim.
7. Court hearing: If the parties cannot settle, the case will proceed to a court hearing where a judge will assess the evidence and make a decision. This process can be time-consuming and costly, so it’s often in the parties’ interests to settle before reaching this stage.
8. Outcome: If successful, the court can make various orders, such as a lump sum payment, transfer of property, or regular payments from the estate.
9. Costs: Be aware that the legal costs of making a claim can be significant. Sometimes the court may order the unsuccessful party to pay the other party’s costs, but this isn’t guaranteed.

Throughout the process, having the support and guidance of a solicitor with expertise in Inheritance Act Claims is invaluable. They can provide advice tailored to your specific circumstances and help navigate the complexities of the legal system.

If you believe you have been unfairly excluded from a loved one’s will, you may be eligible to make an Inheritance Act claim. Our experienced team of solicitors can guide you through the process, ensuring your rights are protected and helping you claim the inheritance you deserve. Contact us today for a free consultation.

Defending against an Inheritance Act claim, requires a structured approach, similar to making a claim. Here are some key points to defending inheritance act claims:

• Understand the claim: First, understand the basis on which the claim is being made. Ascertain whether the claimant is an eligible individual as per the Act. This includes spouses, civil partners, cohabitees, children, and individuals who were financially dependent on the deceased.
• Seek Legal advice: Engage a solicitor experienced in inheritance disputes. They can offer guidance on the merits of the claim, potential defences, and strategic advice.
• Gather documentation: Assemble all pertinent documents, such as the will, details of the estate’s assets and liabilities, evidence demonstrating the deceased’s intentions, and any relevant correspondence or documents that might counter the claimant’s assertions.
• Evaluate the claim: Analyse whether the will or the rules of intestacy made reasonable financial provision for the claimant. Consider if there are justifiable reasons why the claimant was excluded or given less provision.
• Alternative dispute resolution (ADR): Consider mediation or negotiation before proceeding to court. ADR can be a cost-effective way to resolve the dispute amicably, and the courts often look favourably upon parties who attempt it.
• Draft a robust defence: If the claim progresses, work with your solicitor to draft a comprehensive defence, outlining reasons why the claim should not succeed. This will be submitted to the court and form the basis of your argument.
• Prepare for hearing: If no resolution is reached, the case will advance to a court hearing. Prepare witness statements, gather evidence, and be ready to robustly defend your position.
• Outcome: A judge will evaluate the evidence and determine whether to vary the distribution of the estate. If the claim is successful, the court may adjust provisions to favour the claimant.
• Cost considerations: Defending a claim can be expensive. It’s important to regularly evaluate the cost-benefit ratio, especially when considering potential settlements. Additionally, the court might order the unsuccessful party to cover the other party’s legal costs, though this isn’t a certainty.

Defending an Inheritance Act claim requires a thorough understanding of the law and a strategic approach. Our experienced team of lawyers will assess the validity of the claim, gather evidence, and build a strong defence. We will work diligently to protect your interests and strive to achieve a favourable outcome in the most efficient and cost-effective manner possible.