An inheritance claim is where an existing beneficiary or other individual makes a claim for an increased share or a sum to be paid out of the deceased’s estate. This is different to the challenging of a validity of a will. Claims are made under the Inheritance (Provision for Family and Dependants) Act 1975 and determined by a court.
The basis upon which a claim can be made is that the distribution of the deceased’s estate (either under a will or the intestacy rules ie where there is no will) does not make reasonable financial provision for the individual applying to court.
Only the following people can apply to court in this way:
- the spouse of the deceased
- the former spouse of the deceased (provided that they have not remarried or entered into a new civil partnership)
- a person who lived in the same household as the deceased as if they were the spouse for two years
- a child of the deceased
- any person treated by the deceased as a child of the family
- any other person who immediately before the death of the deceased was being maintained by the deceased
The court will determine whether it would be reasonable to make financial provision for the individual making the application.
We can of course advise you in more detail depending upon your particular circumstances as there are many factors which the court will take into account when hearing an application for financial provision. Inheritance disputes are common and applications for provision are often made where there is a surviving co-habitant of the deceased or someone who was treated a child by the deceased.
We have a great deal of experience acting for clients bringing a claim for financial provision. However, we also act for the main beneficiaries of the estate who may wish to defend the claim and the executors who should remain neutral in the proceedings and only provide assistance to the court where required to do so.
To speak with a solicitor in the Dispute Resolution team please click here or call us on 0800 840 4929.
