Bringing a claim against an estate where you believe insufficient financial provision has been made for you
Claims under the Inheritance (Provision for Family and Dependants) Act 1975
Whether you are bringing or defending a claim, our specialist lawyers can assist you so that the claim is dealt with as quickly and efficiently as possible.
We pride ourselves on our ability to explain matters in straightforward terms using understandable language to assist you in resolving your claim.
What is an Inheritance Act claim?
An Inheritance Act claim is simply a claim made under the Inheritance Act (Provision for Family and Dependants) Act 1975 (“Inheritance Act”) against a person’s estate in England or Wales.
The grounds for bringing a claim are that the Will or intestacy has failed to make reasonable financial provision for the applicant and the applicant has a requirement for financial provision. Applicants who are able to demonstrate both a financial need and that no reasonable provision is being made for them will have a strong claim.
These claims are not challenges against the validity of a Will as the Will is not being challenged. These claims provide a useful alternative to challenging the validity of a Will as Will disputes are costly, time-consuming and difficult cases to succeed in.
Why instruct our firm?
We are experts at handling Inheritance Act claims.
Our Contentious Wills & Estates team is led by Partner, Tara McInnes.
Tara has acted on a number of reported cases, the most notable of which are: acting for the trustees in the high-profile case of Brooke v Purton & ORS (2014) EWHC 547 (Ch), which was the first case to be decided since Marley v Rawlings (2013), involving the rectification of wills; and acting for the claimant in the equally high profile and widely reported case of Elliott –v- Simmonds (2016) EWHC 962 (Ch), which resulted in a change to the decision on costs in passive defence claims. More recently, Tara acted in the unreported case of Rochford v Rochford involving an adult child claim under the Inheritance Act (and details about this case can be found here) and also in the reported case of Fellner v Cleall  EWHC 3599 (Ch).
Tara is also a PDSL accredited and International Mediation Institute (IMI) qualified mediator and is able to act as mediator in either contentious probate or civil litigation matters.
Who can apply?
What factors does the Court consider?
Can we help?
Whether you need to dispute a Will or defend your inheritance, we will work with you to achieve the best results for you.
We are more than happy to have an initial conversation to confidentially discuss such types of claims.
Should you wish to speak with us, please contact Tara McInnes at moc.pihsrentrapedisnrubeht%40sennicm.arat or call 01865 987781.
Every client is valued equally and treated with genuine compassion.
Legal 500, 2019