In England and Wales, people have the freedom to leave their estate to anyone they choose. This differs from other places where strict rules dictate who gets the inheritance. However, there are some exceptions, so can you make a claim if you have been left out of a will? The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals, who relied on the deceased financially, to claim part of the estate if they haven’t been provided for reasonably.
Who Can Bring a Claim?
If someone has been left out of a will, or didn’t receive enough, they might be able to claim. The people who can claim include:
- The deceased’s spouse or civil partner
- A former spouse or civil partner (if they haven’t remarried)
- A cohabitee (if they lived with the deceased for two years before the death)
- A child of the deceased (this includes adult children)
- Someone treated as a child by the deceased
- A person financially supported by the deceased
Key Considerations for a Claim
To make a claim, the deceased must have lived in England and Wales when they died. Additionally, the claim must also be made within six months of the grant to the estate, although the court can sometimes allow a late claim.
The claim is based on “reasonable financial provision.” For a spouse or civil partner, this means what they would reasonably expect, regardless of whether they need it for basic living costs. For everyone else, the claim must show they haven’t been given enough for their maintenance.
Factors the Court Considers
The court looks at several factors to decide if the deceased made reasonable financial provision. These include:
- The applicant’s financial needs and resources
- The financial needs and resources of the beneficiaries
- The obligations and responsibilities the deceased had toward the applicant and beneficiaries
- The size of the estate
- Any disabilities of the applicant or beneficiaries
- Any other relevant conduct
The court also considers age, the length of the marriage, and their contribution to the family for spouses. For cohabitees, the length of the relationship and contributions to the household are key. For children, the court looks at their education or training needs.
The Court’s Decision
If the court finds that reasonable provision wasn’t made, it can order:
- A lump sum payment
- Regular payments
- The transfer of property
- A settlement of property
Mediation is often a good way to resolve these disputes. Most claims are settled without going to court, saving time, costs, and emotional strain.
Practical Tips
If you’re thinking of making a claim, seek legal advice early. Claims need to be issued within six months of the grant to the estate. Ensure your legal team has experience with these types of cases for the best results.
Costs
Often clients are concerned about how to fund a claim. There are various funding options available depending on if you want to pay on an ongoing basis or enter into a funding arrangement. We offer a hybrid model whereby you pay part of our fees on an ongoing basis and the balance if your claim is successful. We can discuss the pros and cons of the different funding arrangements with you.
If you think you have an inheritance claim and need legal assistance, call us on 0333 004 0272 or fill out our contact form here or book a free 30 minute consultation here.
