Inheritance Act claims

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.