What is the Inheritance (Provision for Family and Dependants) Act 1975?
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain categories of people to bring a claim for financial provision from an estate if they have been left out of a Will or have not received reasonable financial provision.
The Act applies in England and Wales and commonly allows claims by spouses, civil partners, children, cohabiting partners and financial dependants. The court will consider the claimant’s circumstances, financial needs and the size and nature of the estate when deciding whether financial provision may be appropriate.
Strict time limits apply to claims under the Act and, in most cases, a claim must be brought within 6 months from the date of the Grant of Probate or Letters of Administration.
Legal Costs in Inheritance Act Claims
The cost of bringing or defending a claim can be significant and will vary depending on the complexity of the dispute, the value of the estate and whether the matter can be resolved without court proceedings.
Factors which can influence legal costs include:
- The number of parties involved in the dispute
- Whether the estate contains complex assets such as businesses, trusts or overseas property
- The amount of financial disclosure required
- Whether expert evidence is needed
- The level of cooperation between the parties
- Whether the matter proceeds to mediation or trial
Many claims can be resolved before reaching a final court hearing, which may significantly reduce the overall legal costs incurred by the parties.
Funding Options Available
There are various funding options available for clients pursuing or defending an Inheritance Act claim. Depending on the circumstances, these may include:
- Private funding
- Conditional Fee Agreements (“No Win, No Fee” agreements)
- Deferred payment arrangements
- Fixed fee advice for certain stages of the matter
- Litigation loans
- Legal expenses insurance
- “After the event” insurance
The availability of funding options will depend on the merits of the case and the likely value of the claim.
Specialist legal advice should always be sought before entering into any funding arrangement.
Who Pays the Legal Costs?
Unlike some areas of law, legal costs in contentious probate disputes are at the discretion of the court.
In many cases, the unsuccessful party may be ordered to contribute towards the successful party’s legal costs. However, the court has a wide discretion and any outcome will depend on the conduct of the parties and the circumstances of the case.
The court may take into account:
- Whether the parties attempted to resolve the dispute before court proceedings
- Whether either party acted unreasonably
- Whether settlement offers were made and rejected
- The overall conduct of the litigation
Even where a claim settles before trial, parties will often negotiate responsibility for legal costs as part of the settlement agreement.
Legal Costs, Cost Risks, and Settlement Fee Rules in Litigation
Legal costs and cost risks are an important consideration in any Inheritance Act claim.
Although the unsuccessful party may be ordered to contribute towards the successful party’s legal costs, this is not guaranteed and the court has a broad discretion when making costs orders.
The court will often consider:
- The conduct of the parties throughout the litigation
- Whether parties complied with court rules and directions
- Whether reasonable settlement offers were made or rejected
- Whether parties attempted mediation or other forms of ADR
- The proportionality of the legal costs incurred
Even where a claim settles before trial, parties will usually negotiate responsibility for legal fees and litigation costs as part of the settlement agreement.
Understanding potential legal costs and cost risks at an early stage can help claimants and beneficiaries make informed decisions about whether to pursue, defend or seek to settle an Inheritance Act claim.
Resolving Inheritance Act Disputes Without Going to Court
Many Inheritance Act claims can be resolved without proceeding all the way to trial and are instead resolved through Alternative Dispute Resolution (“ADR”).
ADR refers to methods of resolving disputes outside of court and can often provide a quicker, more cost-effective and less stressful solution for families involved in inheritance disputes.
Common forms of ADR include:
- Mediation
- Round table meetings between solicitors
- Negotiation between the parties
- Early neutral evaluation
The court expects parties to engage constructively in settlement discussions, including mediation, and an unreasonable refusal to do so may have costs consequences.
Courts strongly encourage parties involved in inheritance disputes to consider Alternative Dispute Resolution before proceeding to a final trial and may take into account whether either party unreasonably refused mediation or another form of ADR.
Parties who refuse to engage in mediation without good reason may face adverse costs consequences, even if they are ultimately successful at trial.
Mediation in Inheritance Act Claims
Mediation is one of the most common ways of resolving inheritance disputes. It involves an independent mediator helping the parties explore potential settlement options in a confidential and without prejudice setting.
Mediation can be particularly effective in inheritance disputes because it may allow families to maintain greater control over the process and may help preserve relationships where possible.
Benefits of mediation may include:
- Reduced legal costs
- Faster resolution of disputes
- Greater flexibility in settlement terms
- Privacy and confidentiality
- Avoiding the stress and uncertainty of court proceedings
Many inheritance disputes can be settled at or shortly after mediation, avoiding the need for a final hearing.
The Importance of Early Legal Advice
Obtaining specialist legal advice at an early stage can help parties understand the strengths and weaknesses of their position, preserve important evidence and explore opportunities for settlement before costs escalate.
Early advice can also help ensure compliance with strict limitation periods and court procedures, which are particularly important in claims under the Inheritance (Provision for Family and Dependants) Act 1975.
Costs, Legal Fees, and Dispute Resolution in Inheritance Claims FAQs
View our full list of Inheritance Act Claim FAQs.
How much does it cost to bring an Inheritance Act claim?
The cost of bringing an Inheritance Act claim will depend on the complexity of the dispute, the number of parties involved and whether the matter can be resolved without court proceedings. Claims involving complex estates, business assets or contested proceedings are likely to incur higher legal costs than claims resolved through negotiation or mediation at an early stage.
Can Inheritance Act lawyers work on a no-win, no-fee basis?
Yes. In some circumstances, solicitors may be able to act under a Conditional Fee Agreement, commonly referred to as a “No Win, No Fee” agreement. Whether this option is available will depend on the merits of the claim, the value of the estate and the prospects of recovery.
Do all Inheritance Act claims go to court?
No. Many Inheritance Act claims can be resolved without proceeding to a final trial. The court expects parties to engage constructively in settlement discussions, including mediation, and an unreasonable refusal to do so may have costs consequences.
Many disputes are resolved through negotiation, mediation or other forms of Alternative Dispute Resolution before reaching a court hearing.
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