Inheritance Act Claims
If you have not been granted “reasonable financial provision” in a deceased person’s Will or intestacy, we can assist you to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
We always try to settle claims without making an application to the Court through Mediation negotiation. You can make an Inheritance Act claim if the deceased person was domiciled in England and Wales, and you fall into one of the following categories.
- The surviving spouse/civil partner
- Former spouse of civil partner (subject to the terms of any divorce/dissolution settlement)
- Child (including adult children and anyone who has been treated as if they were a child of the deceased)
- Cohabitee of the deceased two years prior to their death living with them as a spouse/civil partner.
- You are a dependant either wholly or partly maintained by the deceased immediately before their death.
To assess whether you have a claim or not the Act sets out that the following factors are taken into account:-
(a) Financial resources and needs of the applicant.
(b) Financial needs and resources of other applicants.
(c) Financial needs and resources of beneficiaries of the estate.
(d) Obligations and responsibilities of the deceased to the applicant and any beneficiary.
(e) The size of the estate of the deceased.
(f) Any physical or mental disability of the applicant or beneficiary.
(g) Any other matter including conduct which a court may consider was relevant.
If you were the spouse of the deceased we would also look at:-
(a) Your age and duration of the marriage.
(b) Contribution made by you the applicant to the welfare of the family of the deceased including the contribution made in looking after the home or caring for the children of the family. The main factors we would look at to see what you would have received had the deceased not died and you were getting divorced.
To find out more about Inheritance Act claims please contact Julie Hemming or Amanda Russell on 01462 458711 and ask to make a free 30 minute initial appointment
Welwyn Garden City
01707 887 700
0203 327 9001