Inheritance Act Claims

At Grainger Appleyard Solicitors we pride ourselves on providing comprehensive advice on bringing or defending Inheritance Act Claims.
What is an Inheritance Act Claim
An Inheritance Act Claim is a claim for provision out of the estate of a deceased person under the Inheritance (Provision for Family and Dependants) Act 1975.
In order to bring a claim the deceased must have died domiciled in England and Wales at the time of death.
What is the time limit for bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975
An application to court should be made within six months from the issue of the Grant of Representation (Grant of Probate).  The court has a discretion to allow an application to proceed out of time.
Who can bring a claim
(a) A spouse or civil partner of the deceased.
(b) A former spouse or former civil partner of the deceased who has not remarried.
(c) A child including an adult child of the deceased.
(d) A person who was treated as a child of the family of the deceased (eg Step-Child).
(e) A Cohabitee who can prove that they lived in the same household as the deceased as their husband or wife or as part of a same-sex couple, for the whole period of two years immediately prior to the death of the deceased.
(f) Any other person who just before the deceased death was being maintained by the deceased.
What Factors will the Court Consider when deciding whether to make an award
(a) Whether the deceased’s Will or the intestacy rules (if no Will), or a combination of the two, failed to make reasonable provision for the Claimant.
(b) If so what would amount to reasonable financial provision.

For detailed advice on bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975 contact a member of our Contentious Probate team on 01302 327 257.