Inheritance Act Claims
If you have been left out of a Will or believe that you have not received reasonable financial provision from an estate, you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Our specialist Contentious Probate Solicitors advise spouses, partners, children and dependants on inheritance disputes, including contested Wills, financial provision claims and disputes involving intestacy. We provide practical, strategic advice to help clients understand their rights, assess the strength of any potential claim or defence, and aim to resolve disputes as efficiently and proportionately as possible.
We act for both claimants and defendants and provide early advice on the merits of a case, the evidence required to support or defend a claim, and the likely costs and risks involved.
What is the Inheritance (Provision for Family and Dependants) Act 1975?
In England and Wales, the principle of testamentary freedom means that you can leave your estate as you wish. There is no legal requirement for you to leave your estate to your spouse, children or relatives. This means that the Deceased’s family, or people dependant on them, can be left in challenging circumstances if they have not been provided for.
The Inheritance (Provision for Family and Dependants) Act 1975 (the ‘Act’) was introduced to allow certain categories of people to bring a claim seeking financial provision from an estate if they have been left out of a Will, or if the provision they receive is not reasonable. This also applies in cases where the Deceased did not leave a Will and their estate would be distributed in accordance with the intestacy rules. Depending on the circumstances, the intestacy rules can also result in family members or unmarried partners being “left out” of an estate and means that they may be able to make a claim under the Act.
The Act applies where a person died living in England or Wales and aims to strike a balance between testamentary freedom and the financial need of those who may be vulnerable or financially dependent upon the person who has died.
The Act is not a means to achieve an equal distribution of the estate, or a way to achieve “fairness”. Most claimants will need to prove their case by demonstrating that they have a financial need for provision from the estate. The standard for a spouse or civil partner of the Deceased is different, as they can bring a claim for reasonable provision which is broadly based on what they would have received if their marriage or civil partnership had ended in divorce, rather than on the death of their spouse.
With a significant number of people who do not make a Will and an increasing number of “blended families”, it is perhaps unsurprising that individuals are often left aggrieved and in financial need following the death of a family member.
Who can bring an Inheritance Act claim?
- A spouse or civil partner of the Deceased
- A former spouse or civil partner, provided they have not remarried
- A partner who lived with the Deceased for a period of two years ending immediately before the date of death
- Children of the Deceased (both minors and adults), including adopted children, stepchildren and anyone treated as a child of the family
- A person who was financially maintained by the Deceased immediately before the date of death
If you fall within one or more of the categories above, the next step is to consider whether the Will or intestacy has made reasonable financial provision for you.
Even where a person falls within an eligible category, this does not mean that a claim will succeed.
The court will consider all of the circumstances of the case, including the size of the estate, the claimant’s financial position and the competing claims of other beneficiaries.
Reasonable Financial Provision
Reasonable financial provision refers to the level of financial support the court considers appropriate in the circumstances of the case.
What is considered reasonable will depend on the type of claimant and the specific facts of the case.
For most applicants (other than spouses and civil partners), provision is limited to what is required for maintenance, which is assessed by reference to their financial needs and resources.
Our Top Tips for Approaching Any Potential Inheritance Act Claim
Approaching any potential claim strategically can assist in establishing whether you have a viable claim
and may help place you in a strong position to move any case forward quickly and effectively.
- Check if there is a Will - obtain a copy to determine whether you are included as a beneficiary. If there is no Will, consider whether you benefit under the intestacy rules.
- Check eligibility - consider if you are within the category of people who can bring a claim under the Act.
- Take early advice - act quickly to avoid missing the limitation deadline and to allow your legal advisor time to consider your case.
- Gather detailed evidence of your financial position, including income, expenditure, assets, liabilities and future needs, as claims are heavily dependent on the quality of the available evidence.
- Try to establish the size and nature of the estate - this is important as, generally speaking, larger estates are often easier to pursue. Details of what assets the Deceased had and values, if known, are helpful. If the estate includes property, try to establish an approximate value of the property, which you can try to do online. Carry out an early assessment of proportionality, consider whether the likely costs of pursuing a claim are justified by the value of the estate and the potential outcome.
- Expectation - manage your expectations by being realistic about what a reasonable financial provision is.
If you have any questions about a claim under the Act, you can contact our specialist Contentious Trusts and Probate lawyers, who can advise you about whether you may have a viable claim and how we can support you through the legal process.
Inheritance Act Claims FAQs
View our full list of Inheritance Act Claim FAQs.
Who can make an Inheritance Act claim?
Certain categories of people may be eligible to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
This includes spouses, civil partners, former spouses who have not remarried, cohabiting partners, children of the Deceased and people who were financially maintained by the Deceased immediately before death.
Read more about who can make an Inheritance Act Claim?
What is the time limit for bringing an Inheritance Act claim?
There are strict time limits for bringing a claim under the Act. In most cases, claims must be issued within 6 months from the date of the Grant of Probate or Letters of Administration.
Can a claim be contested?
Yes, a claim may be contested by the Personal Representative of the estate or a beneficiary of the Will/intestacy. Importantly, these different capacities mean Personal Representatives and beneficiaries do have a different role to play in these claims. This is because Personal Representatives must adopt a neutral position in respect of the claim with their role being limited to providing the other parties and the court with information about the estate. It is the beneficiaries who can actively defend a claim meaning they are the “true” defendants.
Do all claims go to trial?
No. Many Inheritance Act claims can be resolved through negotiation or mediation without the need for a final court hearing. The court expects parties to engage constructively in settlement discussions, including mediation, and an unreasonable refusal to do so may have costs consequences.
How much does it cost to bring a claim?
Pursuing a claim all the way to trial is undoubtedly expensive. However, it is rare for this type of claim to reach trial as it is usually settled ahead of this stage, often through Alternative Dispute Resolution such as mediation.
Whilst some clients pay privately for our expert advice, we may be able to offer you an alternative funding arrangement, including a Conditional Fee Agreement (commonly referred to as a no win no fee agreement). Our lawyers will discuss any options available for your particular claim at the outset.
Find out more about costs.
What happens if I lose my claim?
If the claim goes to trial and you are unsuccessful, you will normally be ordered to pay your opponent’s costs but this is not guaranteed.
If you withdraw your claim prior to court proceedings being issued, you may be able to negotiate the position on costs with your opponent.
What are the common grounds for bringing a claim under the Act?
There are various circumstances in which someone may bring a claim under the Act and each case must be considered on its own facts. Some of the most common type of claimants include:
- A spouse or civil partner who is left nothing, or insufficient provision under a Will
- An adult child who is left nothing, or with needs which means that they receive insufficient provision under a Will
- Unmarried partners who are left nothing, or with needs which means that they receive insufficient provision under a Will
- An estranged spouse who has been left without provision under a Will
- Unmarried partners where the Deceased has died without a Will (as they do not inherit from the estate under the intestacy rules)
Can unmarried partners make an Inheritance Act claim?
Unmarried partners may be able to bring a claim if they lived with the Deceased for a period of at least two years immediately before the date of death or if they were financially maintained by the Deceased.
Why Use Myerson's Inheritance Act Claims Solicitors?
If you choose to work with us, you will discover exceptionally talented lawyers who have a passion for making a genuine difference in our clients’ lives. We pride ourselves in being approachable and always ensure that everything we do is in your best interests.
All our solicitors are either full members of ACTAPS (the Association of Contentious Trust and Probate Specialists) or are working towards that. The team is overseen and led by experienced Partner Helen Thompson, a member of STEP (the global professional association for practitioners specialising in inheritance and succession planning), and has completed the Advanced Certificate in Trust Disputes. We are also proud to be ranked in the top tier of the prestigious Legal 500 directory.
We provide practical advice and, unlike other firms, are able to deliver a complete service with support from colleagues in our Property and Private Client teams.
How much does making a claim cost?
From the outset, our costs will be clear and transparent, and we offer a range of funding options, including:
- “No Win, No Fee” agreements
- Deferred payment
- Fixed fees
- Litigation loans
- Third-party funding
- Legal expenses insurance
- “After the event” insurance
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Ms Syme
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Mr Davies
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Ms Syder
When I first contacted Myerson for advice with regard to my situation, I found them to be professional, patient and informative. During the process, I did at times find myself emotionally overwhelmed and stressed; however, Jennifer and Katie went above and beyond to support me and guide me through the options, giving me time to evaluate everything. The whole Contentious Probate Team made me feel supported and confident in my inheritance claim. I can’t thank them enough.
Mr Borrett
Nicola Moulds has been very understanding of my situation, as have all the other people I have communicated with in Nicola’s team. I would have no hesitation in recommending them.
Mr Naylor
Fantastic firm - couldn’t recommend enough! Nicola and her associates worked so hard to achieve a big win for me on my grandfather's estate . The knowledge that they all have in their own areas astounded me, and they are all such genuine, lovely women .
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We were completely overwhelmed by our situation that needed legal advice and representation. Our turmoil ceased swiftly once we spoke to Jennifer. She was supportive, kind and caring whilst remaining professional and "to the point". Her knowledge and advice reassured us and gave us confidence in her expertise. We appreciate her and her team and would have no problem recommending them to anyone.
Paul
I wanted to write and thank you and your team for everything you have done for me. Your understanding of my mental issues has been unquestionable, and the patience you and the team have shown throughout the whole case has been brilliant, even at my worst when I could barely string a sentence together. I will not hesitate to recommend you and your company at any opportunity I get. Truly a 5 star company with morals that are very rare nowadays.
Anne Bailey
Thank you so much Stephanie for listening to me today and being so kind and empathetic. I think I may have been naïve and too trusting. I have forwarded your information to my Son and Daughter. On a personal note can I thank you for your time and being so kind and understanding. We need more people like you in the World.
Hannah
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The British Wills and Probate Awards Judging Panel
Myerson demonstrated the highest standards of legal expertise, courtroom skill, national reach, client care, and transparency, proved through reported trials, directory praise, and client testimonials.
Legal 500, 2022
Myerson’s are the go-to firm for contentious trust & probate, exceptional knowledge and negotiating skills. Will fight your corner well and reasonably priced for the high level of service.
Legal 500, 2022
Helen Thompson is considered ‘a true companion‘ by her clients for her litigation work.
Legal 500, 2022
Helen Thompson is a true champion of her clients, working tirelessly for the right outcome for them. A real gem in the sector and deserves recognition in her field.
Legal 500, 2022
It’s the personal touch they offer, including their empathy for your individual case.
Legal 500, 2022
Helen Thompson and Stephanie Ewan lead the team and were always available at the critical times. This involved out of hours working as well as comprehensive management of the resolution.
Legal 500, 2022
Stephanie is very professional and patient. She will help you with any questions you may have.
Legal 500, 2024
Myerson have set themselves apart from most every contentious probate practice in the North West. There is an exceptional level of talent at almost every level. Myerson deal with matters that are often fraught with complexity and emotion in a highly diligent and sensitive manner. When Myerson instruct me as counsel, their instructions are concise and well prepared.
Legal 500, 2024
They are genuine specialists in this area, with many of the team having obtained or working towards full ACTAPS membership and have strength in depth. When they are on the other side of a matter we know that their client will be getting sensible, practical advice from a knowledgeable team. They are a top level firm in the North West in this area.
Legal 500, 2024
The Myerson contentious trusts and probate team is the go-to team in the North of England, in my view. All its members who I have dealt with are superb – no weak link.
Legal 500, 2022
Myerson has given constant support and works together with the client proactively to get the matter resolved successfully and cost-effectively.
Legal 500, 2022
Compared with other firms I have dealt with Myerson’s took a very direct route in achieving success on my behalf. I was frequently able to discuss an issue online with several members of the team whenever an unexpected situation arose.
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