Can I Make A Claim Under The Inheritance Act 1975?

ENot being included in a Will can be an extremely upsetting experience. Each year, many people are left out of a Will in which they expect to be included. They may be a family member or friend who was told by the testator before they died they would receive an inheritance. Or they be a son or daughter who had expected to receive an inheritance from their parent. In this case, it may be possible to claim under the Inheritance (Provision for Family and Dependants) Act 1975 (The Inheritance Act 1975), but only in very limited circumstances, as we will explain in this article.

Who is eligible to bring a claim under the Inheritance Act 1975?

Only certain people can bring a claim under the Inheritance Act 1975. Section 3 of the Inheritance Act 1975 gives some individuals the right to bring a claim against the estate of a person who has died where “reasonable financial provision” was not made for them, including:

• The spouse or civil partner of the deceased.
• Former spouses or civil partners provided they have not remarried or entered a new civil partnership.
• Individuals who cohabited with the deceased for at least two years leading up to their death.
• The deceased’s children, including those who are now adults.
• Anyone regarded as a ‘child of the family,’ such as stepchildren and
• Those who were financially supported, either fully or partially, by the deceased before their passing.

If you are unsure if you have the right to claim because you did not receive reasonable financial provision in a Will, speak to a legal specialist who can advise you.

Bringing a claim under the Inheritance Act 1975

When considering a claim under the Inheritance Act 1975, the Courts do not carry out a subjective assessment. Rather, they carry out an objective assessment of the financial provision made and then an assessment of the provision to be made if a reasonable financial provision was not made. As such, this is a two-stage approach. Specifically, the Courts will look at:

• 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 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 or beneficiary of their estate;
• The size and nature of the net estate of the deceased
• Any physical or mental disability of any applicant or beneficiary of the estate of the deceased, and
• 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.

If you are considering bringing a claim under the act, it is important to bear in mind that the burden will be on you to make a case for reasonable financial provision at the appropriate standard. A Wills and Probate Disputes Solicitors can handle this process on your behalf and provide representation during your hearing. In addition, if a judge agrees that a ‘reasonable financial provision’ was not made, this does not automatically mean that you will receive an equal share of the estate of the testator. The exact amount to be awarded will depend on the answers to the questions above and is at the discretion of the court.

Will the courts award in my favour in an Inheritance Act claim?

Whether the courts will award in your favour will depend on the facts of your case. For example, in the landmark case of Ilott v Mitson [2017], Heather Ilott, an estranged daughter, challenged her late mother’s Will after being left nothing, with the estate going entirely to three charities. Heather was initially awarded £50,000 from the £486,000 estate. The Court of Appeal increased this to £143,000 to help her buy her home, with an option for an additional £20,000. The charities appealed, and the Supreme Court reinstated the original £50,000 award, stating that ‘reasonable financial provision’ should cover maintenance, not improve the claimant’s financial position.

This case highlights the fact that the courts will only change the outcome of a Will if reasonable financial provision was not made by the deceased, not simply because the claimant believed they should have received more.

Remember, the courts will only award part of the ‘net’ estate. This means that certain assets, such as joint property, are excluded. If your claim is successful, you may receive a lump sum, periodic payments, or a transfer of property.

What is the Inheritance Act 1975 claim time limit?

Inheritance Act 1975 claims must be made within 6 months of the Grant of Probate being issued by the courts. The courts may consider claims outside this deadline by exercising their discretion. This may be allowed, for example, if the claimant was unable to make a claim due to factors outside of their control, e.g., a serious illness.

Final words

Pursuing a claim under the Inheritance Act 1975 carries risks, including the possibility of being liable for the other party’s legal costs if the case is unsuccessful. This is why many claims are resolved through methods like mediation or negotiation. The most important step for anyone considering a claim is to seek guidance from an experienced and understanding law firm specialising in Wills and Probate disputes, such as Cocks Lloyd. We will work to protect your interests and do all we can to maintain your family relationships.

To talk to us about your residential property purchase, please call us on (0247) 6641642 or fill in our contact form, and we will get back to you.