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Inheritance Act Claims

Inheritance Act claims

If someone is excluded from a will or they receive less from an estate than they anticipated, they may be able to bring a claim against the deceased person’s estate.

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain close relatives, cohabiting partners and financial dependants are able to bring a claim for ‘reasonable financial provision’.

Those who can claim include:

  • A spouse or civil partner of the deceased;
  • A former spouse or the civil partners of the deceased (who has not remarried or entered into another civil partnership);
  • Certain cohabiting partners (Contesting a Will – Unmarried Couples);
  • A child of the deceased;
  • Anyone who is treated as the deceased’s child, for example a step child; or
  • Anyone who was financially dependent upon the deceased prior to the deceased’s death.

In order to decide whether or not a claimant should receive a payment from the estate, the court will take a number of factors into account. Qualifying as a claimant does not automatically guarantee that any payment will be made from the estate.

Claims under the Inheritance Act must usually be brought within 6 months of the date of the grant of probate.

Our dedicated team of specialist solicitors can advise about both bringing and defending claims under the Inheritance Act.

Contact us by email or for a free initial consultation (limited to 30 minutes).

Time limitation on Inheritance Act claims

Inheritance Act claims must be issued before the limitation date or the claimant will require the court’s permission to bring a claim, which can be refused.

Probate fees

Currently, the fee paid when applying for probate is £215 (or £155 for those applying through a solicitor) and there is no fee charged if the estate is worth less than £5,000, but from April 2019, probate fees will be changing.

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