What Are Inheritance Act Claims and Who Can Make Them?

When a loved one passes away, you’ll be dealing with the emotional turmoil, while perhaps also dealing with the practical elements. The situation can become all the more difficult to cope with if you haven’t received what you were expecting in the Will, or worst, you’ve been left out entirely. If this is your situation, our solicitors can help you to make an Inheritance Act claim, or to defend a claim, if necessary.

In some cases, the issue is that the person has passed away without a Will, and therefore the estate is administered according to the rules of intestacy. These rules determine who can and cannot inherit, meaning that the deceased’s loved ones may need to bring about claims to receive a portion of the estate.

In this article, we’ll discuss more about what Inheritance Act Claims are, how they work, and who is entitled to claim.

What does the Inheritance Act mean?

An individual is entitled to leave their inheritance to whoever they choose, yet they may find that certain parties are rationally expecting a portion of it. The Inheritance Act 1975 is a law that was created to protect those who are financially dependent on someone else when that person passes away. The Act allows those dependants to make a claim on a Will if they believe that the Will does not offer them sufficient inheritance.

Who can make an Inheritance Act Claim?

There are many different individuals who may be able to make an Inheritance Act Claim, including the deceased’s civil partner or spouse, their children, or stepchildren. A person who was living with the deceased for two years prior to their death. Under some circumstances, ex-spouses who have remained unmarried can also make a claim.

Essentially, any party who has been financially dependent on the deceased will be eligible to make a claim.

When deciding upon Inheritance Act claims the Court will consider various factors, including:

• The financial requirements and resources that the claimant has, or will have in the future
• The responsibilities or obligations that the deceased had to the claimant, or any beneficiary
• The nature and size of the deceased’s estate
• Any disability, whether physical or mental, experienced by any estate beneficiary

If you’d like to more about Inheritance Act Claims, or have general queries about Wills, trusts and estates, contact our team at Atkins Hope.

When might you make an Inheritance Act Claim?

You might make an Inheritance Act Claim if you were financially reliant on the deceased and you’ve been left out of the Will, or you haven’t been left the sufficient portion of their estate that you were expecting. If the deceased did not leave a Will behind, you might also need to make an Inheritance Act Claim, in order to rightfully claim a portion of their estate.

Before you make a claim, it is important that you seek legal advice so that you understand your rights, position, and what to expect. Disputes over Wills can be complicated and approaching the process without the right knowledge and support could negatively affect the outcome.

How long do you have to make an Inheritance Act Claim?

If you’d would like to make an Inheritance Act Claim you have 6 months from the date that the grant of probate was issued, or the grant of letters of administration.

Under some circumstances you may be able to make a claim once the 6-month time limit has passed, you will be required to explain the delay and get the court’s permission to proceed with the claim.

Defending an Inheritance Act claim

If you are a beneficiary or an executor of an estate, you could find yourself in a position whereby you are defending an Inheritance Act Claim. In this situation you may need to provide information about the estate. You can either remain neutral, or defend the Inheritance Act claim, depending on your position. Each option has different implications and so it’s vital that you seek legal advice in either scenario.

Get in touch with Atkins Hope Solicitors

If you’re looking to make an Inheritance Act Claim, get in touch with Atkins Hope using our contact form. We can support you throughout every stage of the process, and help you to access the inheritance that you deserve. Equally, if you are defending a claim, we can offer assistance here too.