The Inheritance Act 1975
I should have been named in a Will but wasn’t, what can I do?
The Inheritance (Provision for Family and Dependants) Act 1975 allows for certain eligible, individuals to bring a claim against an Estate if they perceive they have not received ‘reasonable financial provision’.
Both individuals named in the Will, and those not named, may have the entitlement to lodge a claim. However, it is crucial to determine eligibility for lodging a claim for provision at an early stage.
This article looks at some of the most frequently asked questions about bringing a claim under the Inheritance Act 1975, to help you understand if you might be able to bring one.
Who can bring a claim?
The Act allows for a wide range of people to bring a claim, provided they can sufficiently evidence their need for provision. These are:
- Spouses and Civil Partners. This includes former Spouses/ Civil Partners, provided the deceased did not remarry or enter into a new Civil Partnership before their death.
- Cohabiting Partners. Individuals who lived with the deceased for at least two years prior to their death in a relationship akin to marriage may be eligible to lodge a claim. However, they will need to provide evidence of their relationship, as well as the two-year period of cohabitation.
- Children. This includes biological, adopted and stepchildren, adults and minors.
- Other dependants. Anyone who was being financially maintained by the deceased immediately prior their death may be eligible. For example, a friend who jointly owns a property with the deceased, paying the bills but not the mortgage (which was paid by the deceased) would be able to bring a claim.
What is considered “reasonable financial provision”?
What is considered reasonable will vary from case to case and will be dependent on a number of factors. Broadly speaking greater awards will be made to Spouses/ Civil Partners or those Cohabiting as if they were married/ in a Civil partnership, however this is not always the case.
Any award will consider a number of factors, such as:
- The financial circumstances of the claimant now and in the future,
- The financial circumstances of any other applicants,
- The financial circumstance of any beneficiaries,
- Any obligations the deceased had to others,
- The Size and nature of the estate,
- Whether any party has physical or mental disabilities,
- Any other factors – including anyone’s conduct (sometimes including the deceased’s).
Any amount awarded would amount to what is reasonable to live on at neither a luxury nor poverty-stricken level.
What awards can a Court make?
If the court considers that an individual is entitled to provision, it can make a variety of awards. These awards can include:
- A Cash lump sum
- A life interest in a property
- The transfer of a property
- Periodic payments from the estate
- The setting aside of other transfers
What information should I gather?
To best assess and advise on the merits of any potential claim, it is helpful to gather information about the estate and the individual’s circumstances. Useful information to provide prior to any conversation includes:
- A copy of the deceased’s Will (if there is one)
- Details of the deceased’s estate, including approximate value
- Details of any financial support you received from the deceased
- information about your current financial situation and needs
- Any relevant information about your relationship with the deceased, particularly if you are estranged, or there is a specific reason you believe why you weren’t included in the will
How much will a claim cost?
At The Burnside Partnership we understand the potential financial risk associated with bringing a claim for provision. As such, we can offer a range of funding arrangements including Conditional Fee Arrangements and Deferred Fee Arrangements.
The decision to enter a fee arrangement to fund your matter will be at the discretion of The Burnside Partnership, and the decision will be based on the merits and likelihood of success of your matter.
What should I do next?
If you believe that you may have a claim under the Inheritance Act 1975, our expert team of Contentious Wills and Estates solicitors will be able to assist. Our experienced team can advise you on the merits of your claim, the appropriate course of action, and the potential costs involved. We understand the emotional strain associated with Inheritance Act Claims and can guide you through the legal process with sensitivity and expertise.
Please do not hesitate to contact Tara McInnes at tara.mcinnes@theburnsidepartnership.com or Edward Capstick at edward.capstick@theburnsidepartnership.com