Reasonable Financial Provision in Inheritance Act Claims Service
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.
Reasonable Financial Provision for Spouses and Civil Partners
If you are the spouse or civil partner of the deceased, the court will consider what financial provision is reasonable in all the circumstances, irrespective of whether such provision is required for your maintenance.
The starting point (and only the starting point) is what you might have received had the marriage or partnership ended on divorce, rather than death.
The court may consider the claimant’s standard of living and expectations. There is less emphasis on a maintenance need, although the claimant’s financial position and needs will be considered.
Financial Provision for Children, Partners, and Other Dependants
For all other categories of claimant, reasonable financial provision is limited to what is required for your maintenance.
Maintenance is not defined within the Act, but it generally means what is necessary to meet daily living costs.
Maintenance is not about supporting a claimant to live a lavish lifestyle, nor is it about providing the bare minimum to allow them to live at a subsistence level.
What may be required for a claimant’s maintenance will depend on the circumstances of the case.
For example, this may include funds to pay debts, cover essential living costs, or address any monthly deficit. It may also include expenditures such as medical treatment or the cost of obtaining qualifications, which may improve the claimant’s future employment prospects.
It is important to identify and evidence your financial needs at an early stage.
Reasonable Financial Provision in Inheritance Act Claims FAQs
What will the court consider when determining what reasonable financial provision is?
The Act sets out the factors the court may consider when deciding a claim. This includes:
- The financial needs and resources which the claimant has now and in the future
- The financial needs and resources which any other claimant has now and in the future
- The financial needs and resources which the beneficiaries have now and in the future
- Any obligations and responsibilities that the deceased had towards the claimant and beneficiaries
- The size and nature of the deceased’s net estate
- Any physical or mental disability which the claimant or beneficiaries have
- Any other matter, including the conduct of the claimant or any other person, which in the circumstances of the case the court may consider relevant
For spouses or civil partners, the court will also consider additional factors such as the age of the claimant, the length of the marriage or civil partnership and the contributions made by the claimant to the welfare of the family.
The court may also look in detail at the claimant’s assets and assess the value of any assets held by the claimant and the deceased together.
What evidence is required to demonstrate a financial need?
To support a claim, a claimant should prepare clear evidence of their income, outgoings, assets, debts and financial resources, and explain how these relate to their day-to-day living and maintenance needs.
Spouses and civil partners are not required to show evidence of financial need, but will be required to provide full disclosure of all income and assets.
Children, partners and other dependants are likely to be required to show evidence of financial need. This is likely to include completing a financial questionnaire setting out sources of income, savings and monthly expenditure. In most cases, bank statements are likely to be required as evidence of income and expenditure.
What kind of financial provision can be made?
The court has discretion as to the type of financial provision which may be appropriate and this will depend on the claimant’s particular needs and the size of the estate.
An award could be:
- A lump sum of money
- Periodic payments
- A transfer of property or assets
The outcome will depend on the individual case and the evidence the claimant provides. Time limits and procedural rules can apply, so it is important to take legal advice early.
Watch: Inheritance Act Claims Explained
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Testimonials
Ms J
Thank you so much for the information, and for everything all of you did for me. I know you were all doing your jobs and that I was just another name on a file, but I will not forget your support, nor your understanding.
Legal 500, 2027
I have worked recently with Nicola Moulds, who is a joy to work with and demonstrates the knowledge and skill to represent her clients at mediations. She is fantastic at what she does and a credit to her firm.
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.
Caron & Mike
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.
Mr Morgan
I just wanted to thank you for your brilliant work on my case. I know it wasn't the easiest of cases and I wasn't the easiest of clients you've ever had. But I would like to thank Nicola and her team for their hard work. Also Stephanie was excellent. Please pass on my gratitude to her. I'm really grateful for what you did for me. I can now move on with my life thanks to you. You have my deepest respect.
Legal 500, 2027
The team has an excellent and well-deserved reputation for their work in this specialist area. They have a very strong all-around team who support each other brilliantly. Eleanor Clarke is an absolute pleasure to work with: she is calm, has great judgment, and is very dedicated to securing the best result for her clients. Olivia Shorrock is also extremely impressive: she is thorough, attentive, and completely reliable.
Mr A
I honestly can say that in my absolute worst time Myerson came through like a light in absolute darkness. I spoke with few firms and nobody matched the compassion, professionalism and honesty that I desperately needed. Please, anyone who needs legal representation, you can’t get better than Myerson’s in my experience.
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.
Mr. S
We researched and contacted 4 firms regarding this matter, 2 including yourself responded to my initial phone call, a 3rd promptly to an online enquiry and the 4th took a week to reply. It was your personal response and the most detailed email follow up compared to your competitors that won the day.
Mr. J.
Rebecca Blundell was excellent, she was highly professional, efficient and above all delivered the results.
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 .
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.
Amanda
Jennifer has been incredibly patient and supportive and has given good advice. After I believe I was badly advised by a previous legal representative. Highly recommended.
Hannah
Thank you for the effort and hard work Jennifer and everyone at Myerson have put into my case; I appreciate it’s been a long haul, and it just felt necessary to express that gratitude.
Edwin
I found Jennifer McGuiness to be very friendly and very knowledgeable and gave Sensible advice.
Ms Syme
Great level of expertise and scope in all areas.
Ms Jackson
Eleanor Clarke was on the ball, honest, clear and lucid.
Mr Davies
The team have shown me great empathy and compassion at a very difficult time in my life and hope for the future.
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.
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.
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
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
Helen Thompson is considered ‘a true companion‘ by her clients for her litigation work.
Legal 500, 2022
Stephanie is very professional and patient. She will help you with any questions you may have.
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, 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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