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If you have a claim under the Act or wish to oppose a claim, please do not hesitate to contact our team of experts. Our Contentious Probate lawyers will be happy to assist.
Are you a child who has been excluded from your parents’ Will(s) or received a small amount from their estate(s)?
If so, you may have a claim under the Inheritance (Provision for Family and Dependants Act) 1975 (“the Act”).
Can I bring a claim as a stepchild or adopted child?
The Act enables the following child applicants to bring a claim against the deceased’s estate:
- A biological child of the deceased (this includes legally adopted children).
- Any person (not being a child of the deceased) treated by the deceased as a child of the family. The most common applicant in this category is a stepchild, but it can also extend to anyone who can provide evidence that they were “treated as a child of the family”.
What am I entitled to claim as a child or “child of the family”?
You can bring a claim for “reasonable financial provision” from the estate for what you need for your “maintenance”.
The Court does not have the power to award what might be considered fair or reasonable under the Act.
There is no clear definition of “maintenance”, but it has been described in case law as above basic necessities but not extending to luxury spending.
An applicant’s “maintenance need” is considered on a case-by-case basis.
It might, for example, cover housing needs, an income deficit or payment of debts.
If you think you may have a claim, please do not hesitate to contact our team of experts.
To demonstrate a maintenance need, you must provide evidence of your income, expenditure, and debts.
A good starting point is bank statements for the previous 3-6 months and copy bills.
Matters to be considered?
Section 3 of the Act sets out several factors that will be considered and balanced by the Court when hearing a claim:
- The financial needs and resources of the applicant (i.e. your income/ expenditure, assets and debts, now and in the future).
- The financial needs and resources of any other applicant (i.e. anyone else bringing a claim).
- The financial needs and resources of the beneficiaries under the Will (or intestacy rules if there is no Will).
- Any obligations and responsibilities the deceased had towards the claimant, applicant or beneficiary (i.e. did you care for the deceased? Did they make promises that you would inherit?)
- The size and nature of the estate.
- Any physical or mental disability of the applicant, beneficiaries or other applicant.
- Any other matter the Court may consider relevant.
Is there a time limit to bring a claim under the Act?
It is important to note that there is a 6-month deadline from the date of the Grant of Probate (or Grant of Letters of Administration if there is no Will) to bring a claim under the Act.
It is, therefore, important to act quickly when considering bringing a claim under the Act.
The Court has the discretion to allow a claim outside of 6 months, but it uses that discretion in very limited circumstances.
Our team has recently obtained the Court’s permission to bring a claim outside of the six months.
If you are outside the six months, it is important not to delay and act as quickly as possible.
What are the likely costs?
Claims under the Act are very fact specific.
Therefore the costs involved must be considered on a case-by-case basis.
From the outset, we will provide clear and transparent cost information.
We can often accept these claims on a “No Win, No Fee” basis.