Discovering you have been left out of a loved one’s will, or provided for only to a limited extent, is a painful time. Such situations are covered under The Inheritance (Provision for Family & Dependants) Act 1975, which helps make provisions for those who were dependent on the deceased. If you believe you have a valid claim, this guide explains who is eligible, what you need to prove, and how the legal process works.
What Does the Act Aim to Achieve?
The Inheritance Act 1975 exists to ensure that those financially dependent on the deceased receive fair compensation where their inheritance has been unjustly compromised or they have been disadvantaged by intestacy. The Act allows eligible parties to test the disposition of an estate if it appears the person redistributing it has not considered what reasonable financial provision they require. This is known as a “family provision claim.”
Disputes of this nature can arise where the deceased did not update their will after a change in their estate or after intentionally excluding someone they owed a responsibility to support.
Who Can Make a Claim?
The Act defines specific classes of people who can make a claim against an estate:
1. Spouses & Civil Partners
If the financial provision made for a surviving spouse or civil partner does not meet their reasonable requirements, they may make a claim. This also extends to estranged spouses or civil partners who had not yet legally divorced or dissolved their partnership at the time of death.
2. Children
Children biological, adopted, or, in some cases, stepchildren, may file a claim. The Act provides that they may challenge a will if they were dependent on the deceased, especially if they have unmet financial needs arising from the terms of the will.
3. Cohabiting Partners
Life partners who lived with the deceased for a minimum of two years before death can make a claim. This only applies to partners who were not legally married or in a civil partnership but can prove they lived as a couple.
4. Financial Dependants
Anyone financially dependent on the deceased, regardless of family or legal relationship, may qualify. This includes elderly relatives or close friends who relied on the deceased for financial support.
What Needs to Be Proven?
Being eligible to make a claim is not enough. You must also show why the existing distribution of the estate is unfair. The court will review several factors, including:
1. Your Financial Needs
You must demonstrate that the current provision does not allow you to cover reasonable financial needs, such as basic living expenses or maintaining your quality of life.
2. The Size & Nature of the Estate
The court will assess the total value of the estate and whether there are enough assets to reasonably satisfy your claim.
3. The Deceased’s Obligations
If the deceased had a pattern of providing for you, whether financially or otherwise, this will be an important factor in proving unjust exclusion.
4. Evidence of Exclusion
Intentional decisions to exclude someone from financial support via a will, verbal declarations, or inaction while alive can bolster your argument.
The court balances these factors on a case,by,case basis when determining how a decision should be rendered.
How Long Do You Have to File a Claim?
When contesting a will, timing is crucial. Under the Inheritance Act 1975, claims must be made within six months from the date of the grant of probate.
Missing this deadline does not mean you cannot file a claim, but it requires special permission from the court, which is rarely granted unless exceptional circumstances apply. Seeking professional probate legal advice promptly is essential to meeting this deadline.
What Does the Court Consider?
In determining a family provision claim, the Court will consider the following key factors:
Your Financial Circumstances, the claimant sets and requires fact-checking your income, resources, financial dependence, and dependents.
Needs of Other Beneficiaries, your claim is assessed against the needs of other beneficiaries named in the will. The court seeks to weigh competing financial needs.
Promised From the Grave, any oral or written promise made by the deceased person, such as their being named as a beneficiary in an earlier version of their will, may be considered in the court’s determination.
The role of a court is to divide an estate fairly, taking into account the unique circumstances of the deceased and the parties involved.
Key Takeaways
Who Can Claim? Financial dependants, spouses, civil partners, children, and cohabiting partners.
What Needs Proof? You need to establish financial need, reliance on the deceased, or other unfair exclusions.
Time is of the Essence, claims must be filed within 6 months of the grant of probate. Failing to meet the deadline could undermine your case.
Seek Specialist Legal Advice, every dispute is different, and expert inheritance dispute solicitors can guide you through the process to get the best possible result.
Get in Touch with Freeman Harris Solicitors
If you have been excluded from a will or feel that the financial provision you received from the estate is inadequate, do not delay. Time is often of the essence, and the legal process can be complex.
Our inheritance dispute solicitors are experienced in handling such claims. We can support you every step of the way, from determining whether your claim is strong enough to defend you in court if needed.
Contact us today for a confidential discussion about your family provision claim.
Preserve your rights, contact us today.
