Inheritance Act claims

Top tier ranked law firm for contentious trusts and probate

Independently accredited by the legal 500 and Chambers UK

Dedicated team of specialist solicitors

Clear understanding of complex and high value cases

Members of ACTAPS and STEP

Lexcel Legal Practice Quality Mark (The Law Society Accredited)

Expert help for Inheritance Act claims

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.

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

What is the Inheritance Act?

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.


Our credentials

Amanda Noyce (Band 4) is head of the inheritance and trusts disputes group at Royds Withy King 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.” Chambers 2017 UK-wide

“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.” Legal 500 2016 South West


[The team provided] wise advice throughout and were very clear and honest about costs and the chances of success. Everything I was looking for. I am most grateful.
Mr D Bartlett

FAQs

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.

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.

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.

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.

 

 


Contact us now to find out how we could help you achieve the best results for you and your claim.