Inheritance Act Claims Solicitors in Cheshire and North Wales

What is an inheritance act claim?

A person can name whomever they wish to inherit their estate in their will. However, the law makes provisions for those who may have reasonably expected to inherit some of the deceased’s estate but have received less than expected, or have been excluded from the will entirely.

The Inheritance (Provision for Family and Dependants) Act 1975 is intended to protect relatives and dependants who are financially reliant on the deceased, in the event that they have been left with an inheritance that is insufficient for their needs. The Act also allows for claims to be made in the absence of a will, where the rules of intestacy apply, and if the claim is successful the Inheritance Act allows the court to alter how the estate is distributed amongst the recipients.

Who is entitled to make an Inheritance Act claim?

There are several groups of people who are protected by the Inheritance Act, these include:

• Spouses and civil partners
• Former spouses and civil partners, providing they have not remarried or registered a new civil partnership
• Children of the deceased, including adopted children, step-children, and any other person treated as a child of the deceased, such as a foster child
• A person who cohabited continually with the deceased for at least two years before their death
• A person who was being financially maintained by the deceased

What constitutes reasonable financial provision?

If a spouse or civil partner wishes to make an Inheritance Act claim they do not have to be in financial need. However, anyone else wanting to make a claim under the Inheritance Act must provide evidence that they were financially dependent upon the deceased, and they are only entitled to claim for reasonable financial provision as is necessary to maintain their standard of living.

For a spouse or civil partner, the court will usually consider what they could have reasonably been awarded in a divorce as a guide to how much financial provision they may be entitled to. For any other claimant, the court will take into account their daily living expenses, as well as provision for their accommodation. Valuing an Inheritance Act claim is very complex and requires detailed information regarding the applicant’s finances and expenditure, plus information pertaining to the standard of living that the claimant enjoyed with the deceased prior to their death.

How long do I have in which to make a claim?

An Inheritance Act claim should be made no more than six months from the original date that probate was granted. It may be possible to apply for a court extension to the time limit in unprecedented circumstances, but it is advisable to take action as soon as possible, as any delay in proceedings could prevent the claim from being granted by the court.

How do I make an Inheritance Act claim? 

When making a claim under the Inheritance Act, the first step should always be to seek legal advice as soon as possible. At PSR Solicitors our qualified and experienced team are always on hand and happy to offer help and advice regarding your claim. Once you have spoken to us, the next stage would be the assembly of financial evidence and any information relevant to your claim so that we have everything in writing, along with any supporting documentation, in order to identify exactly what financial support is required.

In some cases, financial support may be required urgently, and it may be necessary to make an interim application to the court. Typically, early attempts will be made for written or face-to-face negotiations via formal mediation. However, if this is unsuccessful and the claim does not make it to court, the costs can mount for all involved parties. It is advisable to pay close attention to how long the process is taking as there is a strict time limit of six months for bringing a claim to court.

What makes a successful Inheritance Act claim? 

Every individual claim is judged by the court on a case-by-case basis; however there are certain elements that hold particular importance when the case is being assessed:

• The total size of the estate
• The financial resources and requirements of the claimant
• The financial resources and requirements of any other beneficiaries
• The obligations of the deceased towards the claimant
• Any disabilities that the claimant may have
• The nature and length of the relationship between the claimant and the deceased
• Any other relevant circumstances that may need to be considered

It is the responsibility of the claimant to provide the relevant evidence to show the court that the provision left to them in the deceased’s will, or lack thereof, is not sufficient in meeting their reasonable financial needs.

What role does the executor play in the claim?

It is the responsibility of the executor of the estate to remain neutral in any Inheritance Act claims, as they owe the beneficiaries of the estate a fiduciary duty. The executor must not actively defend any claims that are brought forward, as this is the role of the main beneficiaries of the estate.

If the executor can manage to remain impartial in the event of a claim, they should typically be able to recover any costs incurred which relate to the matter from the estate. If the executor shows bias in the claim, or if they incur unnecessary costs as a result of defending the claim, they may become personally liable for their costs, and perhaps even those of the claimant.

In circumstances where the executor is also one of the estate beneficiaries, any costs incurred due to the defence of a claim will generally not be paid out from the estate.

It is fairly rare, but there are occasionally circumstances where the executor of the estate is also the claimant. In these cases, the prudent option is for the executor to step down from the role. This is not a mandatory requirement, although it is advisable due to the conflict of interests which can arise between the estate and the claimant, and they may end up having to sue themselves.

How much will it cost me to make a claim?

It is difficult to estimate exactly how much it will cost to make a claim under the Inheritance Act. The overall cost will depend on how much work needs to be undertaken, and how the other parties involved in the claim respond. It is often more financially viable to try and settle out of court, so this will usually be our first aim if the circumstances allow.

However, if your case does go to court, the cost of court proceedings can vary from a few thousand pounds, right up to several tens of thousands of pounds. If we are able to reach a settlement out of court, this obviously keeps costs to a minimum for the claimant, and allows the claimant to have more control over the proceedings.

If you are interested in making an Inheritance act claim but are concerned about the cost involved, please speak to us and we will advise you on the payment and funding options available. We always strive to do what we can to help you to claim what you are entitled to.