The inheritance laws of England and Wales are complicated, with many rights based on laws established years ago.
Understanding what rights you have can be hard to navigate, especially at a difficult and emotional time.
Our Contentious Probate Lawyers explore some of the main issues that must be considered legally and practically.
The concept of testamentary freedom
The inheritance laws of England and Wales are based on the concept of testamentary freedom.
This means that an individual can leave their estate to whom they wish.
They do not need to leave it to a family member, firstborn, spouse or friend.
Several statutes apply to estate issues, including the Administration of Estates Act 1925 and the Inheritance (Provision for Family and Dependants) Act 1975.
Both have complex provisions.
Entitlement to an inheritance
The rights to an inheritance will depend on the following:
- Did the deceased leave a valid will, or
- Did they die intestate (without a valid will)
If the deceased left a valid will, the terms of that will would apply, and the executors must administer the estate according to that will.
Absent a will, the estate will be dealt with under the terms of the intestacy rules, which means the estate will follow the family bloodline.
Rights to an inheritance under intestacy
Spouses and/or civil partners will be the first to benefit under the intestacy rules.
Whether they will receive the whole estate will depend on whether the deceased left any surviving children.
The estate size is crucial, as the spouse or civil partner is entitled to the first share as of right.
The amount the spouse or civil partner will inherit depends on when the deceased passed away, as the rules have changed over the years.
For example, if the deceased died on or after 26 July 2023, the spouse/civil partner will receive the first £322,000 of the estate.
If no surviving spouse or civil partner has survived, children, parents, siblings, nieces, and nephews may inherit.
The Inheritance Act 1975
Certain individuals can claim reasonable financial provision from an estate under the Inheritance (Provision for Family and Dependants) Act 1975.
Eligible claimants include spouses and civil partners, former spouses and civil partners (who have not remarried or formed a new civil partnership), children, individuals treated as children of the family such as step-children, and dependants who were being maintained by the deceased immediately before death.
Contesting a will
There are circumstances where claims can be made to challenge a will. The main grounds are:
- A lack of Testamentary Capacity: the deceased fails to have the mental capacity to make a Will.
- Undue Influence: where the deceased has been coerced or unduly influenced into making the will.
- Fraud or Forgery and Duress: this arises in circumstances where the will was created by any of these circumstances.
- Lack of Knowledge and Approval: where the deceased failed to understand or approve their will.
- Lack of Proper Execution: where the will does not meet the legal requirements for validity.
If there is cause for concern about a will, a claim can be brought challenging its validity.
If successful, the previous will or intestacy rules will apply, meaning the estate will be distributed to the people entitled under the previous will or the intestacy rules.
Contact Our Contentious Probate Solcitors
Understanding a legal entitlement to an inheritance in England and Wales requires knowledge of both whether there is a will and the way the intestacy rules operate.
Our advice is always to seek professional legal advice to ensure your interests are adequately protected and to guide you through the complexities of inheritance law.
You can contact our Contentious Probate Lawyers on:
01619414000
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Helen Thompson
Partner & Head of the Contentious Trust and Probate Team
Helen has over 20 years of experience acting as a Contentious Probate solicitor. Helen has specialist expertise in validity of Will disputes, claims under the Inheritance (Provision for Family and Dependants) Act 1975, and claims for and against personal representatives.
About Helen Thompson