Inheritance Act Claims FAQs

What is the time limit for bringing an Inheritance Act claim?

There are strict time limits for bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975, so it is important to seek legal advice as early as possible. In most cases, a claim must be issued within 6 months from the date of the Grant of Probate or Grant of Letters of Administration. If the deadline has passed, it may still be possible to bring a claim with the permission of the court.

Who can bring an Inheritance Act claim?

The Inheritance Act 1975 allows certain categories of people to bring a claim for financial provision from an estate. Eligible claimants may include a spouse or civil partner of the Deceased, a former spouse or civil partner who has not remarried, a cohabiting partner who lived with the Deceased for at least two years before death, children of the Deceased, stepchildren or individuals treated as a child of the family, and a person financially maintained by the Deceased immediately before death.

Read more about who can bring an Inheritance Act claim.

What is reasonable financial provision?

Reasonable financial provision refers to the level of financial support the court may consider appropriate in the circumstances of the case. For spouses and civil partners, the court considers what would be reasonable in all the circumstances, whether or not provision is required for maintenance. For other categories of claimant, provision is generally limited to what is required for maintenance.

Can adult children bring an Inheritance Act claim?

Yes. Adult children may be able to bring a claim under the Inheritance Act 1975, even where they are financially independent. Adult child claims can be complex and are decided on a case-by-case basis.

Can stepchildren bring an Inheritance Act claim?

Yes. Stepchildren and individuals treated as a child of the family may be eligible to bring a claim under the Inheritance Act 1975. The court will consider the nature of the relationship with the Deceased, whether the claimant was financially dependent on them and whether reasonable financial provision may have been made.

Can an unmarried partner bring an Inheritance Act claim?

Yes. An unmarried partner may be eligible to bring a claim if they lived with the Deceased continuously for at least two years immediately before death. Claims by unmarried partners are particularly common where the Deceased died without making a Will, as unmarried partners do not automatically inherit under the intestacy rules.

What evidence is needed for an Inheritance Act claim?

The evidence required will depend on the type of claim being made. Claimants are often required to provide evidence relating to income and expenditure, savings and assets, debts and liabilities, housing needs, financial dependency, medical conditions or disabilities and relationship history.

How long does an Inheritance Act claim take?

The time it takes for an Inheritance Act claim to proceed will depend on the complexity of the dispute and whether the matter can be resolved without court proceedings. Some claims may be resolved within a few months, particularly where parties engage constructively in mediation or negotiation. More complex disputes can take 12 months or more to conclude.

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 Alternative Dispute Resolution (“ADR”), which may include mediation, solicitor negotiations, round table meetings or early neutral evaluation.

What is mediation in an Inheritance Act claim?

Mediation is a form of Alternative Dispute Resolution where an independent mediator helps the parties try to reach a settlement. Mediation is often used in inheritance disputes because it may help reduce legal costs, assist parties in resolving disputes more quickly, avoid lengthy court proceedings, preserve family relationships and keep matters confidential.

How much does it cost to bring an Inheritance Act claim?

The cost of bringing or defending an Inheritance Act claim will vary depending on factors such as the complexity of the dispute, the value of the estate, the number of parties involved, whether expert evidence is required and whether the matter settles or proceeds to trial.

How much does an Inheritance Act lawyer cost?

The cost of instructing an Inheritance Act lawyer will depend on the complexity of the claim, the amount of work involved and the funding arrangement agreed. Funding options may include private funding, Conditional Fee Agreements, deferred payment arrangements, fixed fee advice, litigation loans and legal expenses insurance.

Can Inheritance Act lawyers work on a no-win, no-fee basis?

Yes. In some cases, it may be possible to act under a Conditional Fee Agreement (“No Win, No Fee”). This will depend on the merits of the case, the value of the estate and the prospects of recovering costs.

What happens if I lose my claim?

If a claim proceeds to trial and is unsuccessful, the court may order the losing party to contribute towards the successful party’s legal costs. However, costs orders are always at the court’s discretion and will depend on the circumstances of the case and the conduct of the parties.

Does the Inheritance Act apply only in England and Wales?

The Inheritance (Provision for Family and Dependants) Act 1975 generally applies where the Deceased died domiciled in England or Wales. Issues involving domicile, foreign assets or international estates can be complex and specialist legal advice should be sought as early as possible.