Make a claim under the Inheritance Act

Perhaps you feel you haven’t been left a fair share in a Will, or you may have been left out of it entirely. In situations like this, our expert Inheritance Act claims team can help you restore the balance.

Call our specialist team on

01225 300 656

Contact us today

Our top-ranked team work hard to ensure you receive what you are entitled to.

The Inheritance Act is a piece of legislation that assists those who have lost love ones and have discovered that they have not been provided for on the death of that loved one.

Why might a claim arise?

Claims usually arise for two reasons:

  • You may have received little or no provision from a person’s will; or
  • Your loved one may have died without a will and rules that then govern how an estate should be divided may mean that you do not feel you have received a fair share.
Who may make a claim?
  • Spouses and civil partners
  • Former spouses and civil partners who have not remarried (depending upon the terms of the divorce)
  • Children and other individuals treated by the deceased person as children (including adult children)
  • Someone who cohabited with the deceased person for two or more years immediately prior to their death
  • Those who were financially dependant on the person who has died
What factors will the Court look at when considering a claim?
  • The financial position of the person making the claim
    If you are in a poor financial situation, then your claim is likely to be stronger. However, if you are working and able to make your own way in life, then your claim may be weaker.
  • The financial position of the beneficiaries of the estate
    If the other beneficiaries of the estate are in strong financial position, then their defence is likely to be weaker.
  • Any obligations or responsibilities owed to you at the time of death
    If you believe the deceased person owed a duty to look after you then this may assist your claim.
  • The size of the estate
    Generally speaking, the larger the estate, the more unreasonable it may seem that you have been excluded.
  • Financial provision for physical or mental disabilities
    We will investigate whether there is a greater need for financial provision due to any physical or mental disabilities.

Experts in defending claims

In addition to assisting many clients to obtain addition financial provision from an estate by making an Inheritance Act claim, our expertise means that we have a successful track record of restricting, minimizing and defeating claims made against estates.

Contact our team now:

01225 300656

Our credentials

“Amanda Noyce (Band 4) is head of the inheritance and trusts disputes department in Bath. An interviewee describes her as “very approachable and understanding,” adding: “I couldn’t recommend her highly enough. She is very thorough with her investigations and covers all angles.”

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“Royds Withy King ‘achieves good results for its clients time and time again’. Amanda Noyce ‘is unflappable’ in Court of Protection applications involving mental capacity issues, as well as Inheritance Act, tax and professional negligence matters.”

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Legal 500, South West
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Mike Muston is “highly recommended” by independent legal directory The Legal 500, who added that he “gives excellent and fair advice“. His team is also recommended by The Legal 500 as it “achieves good results for its clients time and time again.”

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Calum Campbell has been recognised by Chambers and Partners UK as an Associate to Watch. According to an independent source “he is very thorough, commercially minded and pragmatic,” while another commends him for being an “extraordinarily approachable, down-to-earth and engaging man.”

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faqs

Frequently Asked Questions

Are there any time limits that may affect my claim?

The time limits that may affect your claim will depend on the type of claim you are looking to bring. Some claims have strict time limits, which may be as short as 6 months after a Grant is obtained from the Probate Registry. However, even if your claim is not subject to a strict time limit, you will want to make sure that the property you are claiming against remains safe and secure. For this reason, whatever the nature of your claim, we recommend getting in touch with us as soon as possible to protect your position.

Do you offer a free initial consultation?

We like to consider each case before we meet with prospective clients. This aims to ensure that you do not need to pay for unnecessary fees, should we feel that there is not a case worth pursuing.

Please complete the enquiry form, providing us with as much detail as possible. We will then aim to get back to you within 24 hours with a response. We are also happy to have a short no obligation phone conversation with you, in order to understand the case further and advise on the next steps to be taken.

How long will the dispute last?

Some can last just a few weeks, but others may, unfortunately, take many months to resolve. Whatever your circumstances, we take an active approach and look for practical solutions to help settle a case as quickly as possible. We’ll treat every case as sensitively and efficiently as possible, always focusing on the best interests of our clients. By aiming to settle your case well before trial, we’ll hopefully save you time, stress and money.

How much will the dispute cost and how will it be funded?

Once we have considered your case we can provide you with advice about the anticipated costs and the options of funding that are available. Your funding options may include:

  • Funding the costs yourself
  • Funding the costs through your legal expenses insurer
  • Funding through a “no win no fee” agreement

Whatever your situation, we’ll make sure to keep you fully informed every step of the way. We try and settle just about every case before it comes to trial, which keeps costs to a minimum and ensures you have as much control over any agreement reached as possible.

Our contested probate services

How we can help to protect you and your loved ones

Contesting a Will
You may be concerned that a Will left by a loved one doesn’t reflect what they would have wanted. Whatever disputes you face, we have an expert team who can help you to contest a Will with sensitivity and tact.
Court of Protection and attorney disputes
At what is a difficult time, matters can be made worse if you're concerned that a person taking advantage of your loved one, or if a person appointed to manage their financial affairs isn't doing so properly.
Defending a Will
You may be the beneficiary of a Will, but are facing accusations from family members that the will was not valid and that you should not receive what you believe is rightly yours.
Estate administration and Executor disputes
If someone close to you has dies then it can be a very upsetting time. Matters will only be made worse if you then face difficulty in resolving the administration of your loved one’s estate.
Farming inheritance disputes
Farms and agricultural land are often involved in inheritance disputes. Unfortunately the disputes are often complicated further by the emotional strain of a farm being run as family enterprise.
Property inheritance disputes
Sometimes a relative can leave a Will that doesn’t tally with what you think is fair. We have expertise and experience of dealing with all aspects of trust disputes and can guide you through the complexities that may arise.
Trust disputes
We have experience dealing with all aspects of trust disputes and can guide you through complexities that may arise. Our team can understand complex family trust arrangements and help resolve disputes to protect your wealth.
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