Inheritance disputes specialists
An inheritance claim is where a beneficiary under a will or another individual claims for an increased share of the deceased’s estate. Inheritance claims are made under the Inheritance (Provision for Family and Dependants) Act 1975 and will be determined by a court decision. This is different from disputing the validity of a will.
An inheritance claim is made on the basis that the manner in which the deceased distributed his estate (under a will or through the intestacy laws which prevail when no will is made) does not make reasonable financial provision) given the specific circumstances of the individual applying to court.
Inheritance claims can only be made by the following people:
- The deceased’s spouse
- The former spouse of the deceased (on the basis that they have not remarried or entered in a civil partnership)
- An individual who resided in the same household as the deceased, as if they were the spouse, for at least two years
- A child of the deceased or any individual treated by the deceased as a child of the family
- Any other individual who immediately before the death of the deceased was being maintained by the deceased
Some of the most common inheritance disputes arise and applications for financial provision made where there is a surviving co-habitant of the deceased or an individual who was treated as a child by the deceased. In those circumstances, the court will decide, based on the facts presented before it, whether it is reasonable to order that the individual making the inheritance claim be given some level of financial provision. The court takes into account a wide range of different factors when hearing a claim for disputed inheritance and we can advise you in detail depending on your particular circumstances.
Inheritance disputes specialists
We have many years experience in bringing claims for financial provision. We also act in defence of an inheritance claim on behalf of the beneficiaries under the will and for the executors. The executors must remain neutral during such a claim and only provide assistance when the court requires them to do so.
To speak with a solicitor in the Dispute Resolution Team please click here or call us on 0800 840 4929.
