Who Can Bring a Claim under the Inheritance Act 1975?
Eligibility to Bring an Inheritance Act Claim
The Inheritance (Provision for Family and Dependants) Act 1975 (“the Inheritance Act 1975”) allows certain categories of people to bring a claim seeking financial provision from an estate if they have been left out of a Will or have not received reasonable financial provision.
Whether a person is eligible to bring a claim will depend on their relationship to the deceased and their individual circumstances. The court will assess what provision, if any, may be appropriate and whether the claimant may have an arguable case for reasonable financial provision.
If you are asking “who can make an inheritance act claim” or “how do I know if I can make an inheritance act claim”, the starting point is to identify the correct category of claimant under the Inheritance Act 1975 and whether the deceased’s estate has failed to make reasonable financial provision.
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.
Who Can Make an Inheritance Act Claim?
Spouse or Civil Partner
A spouse or civil partner of the deceased may be able to bring a claim under the Inheritance Act 1975 if they believe that reasonable financial provision may not have been made for them.
The standard applied to spouses and civil partners is different from that applied to other categories of claimant because the court will consider what would be reasonable in all the circumstances, rather than limiting provision to maintenance only.
For a spouse or civil partner, the court may consider what the claimant might reasonably have received had the marriage or civil partnership ended in divorce rather than death. The court may also consider factors such as the length of the marriage or civil partnership, the parties’ financial circumstances and the standard of living enjoyed during the relationship.
Former Spouse or Civil Partner
A former spouse or civil partner may also be eligible to bring a claim, provided that they have not remarried or entered into a subsequent civil partnership.
If there were a final settlement dismissing financial claims on divorce, this may affect whether a former spouse is entitled to bring a claim and what provision, if any, the court may order.
The court will consider the circumstances of the relationship and any financial arrangements that existed before the deceased’s death.
Cohabiting Partners
A partner who lived with the deceased for a period of at least two years ending immediately before the date of death may be able to bring a claim under the Inheritance Act 1975.
Claims involving unmarried partners are increasingly common, particularly where couples lived together but were not married or in a civil partnership.
The court will consider the nature of the relationship, living arrangements and financial circumstances of the claimant when deciding whether reasonable financial provision may be appropriate.
Children of the Deceased
Children of the deceased, including adult children, adopted children, stepchildren and those treated as a child of the family, may be eligible to bring a claim under the Inheritance Act 1975.
Whether a child has received reasonable financial provision will depend on the circumstances of the case, including their financial needs, relationship with the deceased and the size and nature of the estate.
The court may also consider whether the claimant has other financial resources available to them.
Financial Dependants
A person who was financially maintained by the deceased immediately before death may also be able to bring a claim under the Inheritance Act 1975.
This may include individuals who relied upon the deceased for financial support or assistance with living expenses, including help with housing costs or other financial commitments.
Reasonable Financial Provision
If you fall within one or more of the eligible categories, the next step is to consider whether the Will or intestacy has made reasonable financial provision for you.
What amounts to reasonable financial provision will depend on the type of claimant, their financial circumstances and the size and nature of the estate.
It is often helpful to review the Will, estate accounts and any available financial information at an early stage in order to assess the potential merits of a claim.
Factors Considered in Financial Provision Claims
When determining whether reasonable financial provision should be made, the court will consider several factors, including:
- The claimant’s financial needs and resources
- The financial needs and resources of any beneficiaries
- The size and nature of the estate
- Any obligations or responsibilities the deceased had towards the claimant or beneficiaries
- Any physical or mental disability affecting the claimant or beneficiaries
- Any other circumstances the court considers relevant
The court will consider each case on its own facts and will assess the overall circumstances carefully before deciding whether financial provision may be appropriate.
The court expects parties to engage constructively in settlement discussions, including mediation, and an unreasonable refusal to do so may have consequences.
Time Limits for Making Inheritance Claims
Strict time limits apply to claims brought under the Inheritance (Provision for Family and Dependants) Act 1975.
In most cases, a claim must be issued within 6 months from the date of the Grant of Probate or Letters of Administration.
If you miss the deadline, the court has discretion to allow a late claim, although the claimant will usually need to provide a clear explanation for the delay. Acting quickly and obtaining specialist legal advice at an early stage is therefore important.
Who Can Bring a Claim under the Inheritance Act 1975 FAQs
Can stepchildren claim as a child of the family?
Yes. Stepchildren and individuals treated as a child of the family may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Whether a claim is successful will depend on the individual circumstances of the case, including the nature of the relationship with the deceased, any financial dependency and whether reasonable financial provision has been made.
What is the 6-month time limit from the Grant of Probate?
In most cases, a claim under the Inheritance (Provision for Family and Dependants) Act 1975 must be brought within 6 months from the date of the Grant of Probate or Grant of Letters of Administration. If a claim is not issued within this time period, the claimant may need permission from the court to proceed with the claim out of time.
Can an unmarried partner claim after 2 years’ cohabitation?
Yes. An unmarried partner may be eligible to bring a claim if they lived with the deceased continuously for a period of at least two years immediately before the date of death.
What factors do courts consider for reasonable financial provision?
The court will consider a range of factors when determining what amounts to reasonable financial provision, including the claimant’s financial needs and resources, the financial needs and resources of any beneficiaries, the size and nature of the estate, obligations or responsibilities the deceased had, any physical or mental disability and any other circumstances the court considers relevant.
Does the Act apply only if the deceased was domiciled in England or Wales?
The Inheritance (Provision for Family and Dependants) Act 1975 generally applies where the deceased was domiciled in England or Wales. Issues surrounding domicile can be complex, particularly where the deceased had connections to multiple countries or held overseas assets. Specialist legal advice should therefore be sought as early as possible.
Watch: Inheritance Act Claims Explained
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