The Inheritance (Provision for Family and Dependants) Act 1975
If you have been left out of a Will, feel that the provision made for you in a Will is insufficient or no Will was executed and you do not benefit under the intestacy rules – you may be able to make a claim under The Inheritance (Provision for Family and Dependants) Act 1975.
In certain circumstances the Courts will consider a claim which seeks to change the way in which one’s estate is to be distributed, whether or not one has made a Will.
The above act allows certain categories of people to bring a claim against an estate, where they feel that an otherwise valid Will, or the general rules on intestacy, fail to make sufficient provision for them.
The categories include:
- A spouse or civil partner. This is the case even if the spouse had separated from the deceased as their claim will end upon divorce proceedings with a sealed financial remedy from the court.
- A former spouse. This is for the reasons mentioned above. A former spouse will not able to claim if they have remarried prior to the date of death.
- A cohabitee. This will be a person who had been living with the deceased, effectively as husband or wife, for a period of two years prior to death.
- A child. This is regardless of age and includes adopted children. Adult children (over 18s) are therefore able to bring a claim.
- A person treated by the deceased as a child of their own e.g. a stepchild.
- A person who was fully or partly financially dependent upon the deceased. The deceased’s contribution must have been substantial and have continued up to the date of death.
This means that siblings, parents, cousins and other family members are unable to claim, unless they were financially maintained by the deceased immediately prior to their death.
In deciding what is ‘reasonable’ the Court Will generally look at all the circumstances, including:
- The size of the estate
- The financial needs and resources of all the parties concerned
- Any obligation which the deceased had towards the parties
- Mental or physical disability of the parties
- Any other matter which the Court considers relevant. This may include the conduct of parties.
There is a 6 month time limit for people to bring a claim under the above act. This time limit Will begin from the date a Grant is extracted.
If you are:
(i) considering making a claim against an estate; or
(ii) informed that someone is looking to make a claim against an estate where you are an Executor or a beneficiary;
please click here to speak to one of our experts.
