Inheritance Act Claims
We also have a range of expertise in various other contested probate matters, including:
- Contesting a Will
- Challenging an executor or administrator of an estate
- Disputes over estates where there is no Will (intestacy)
- Disputes between executors, trustees or beneficiaries
- Disputes over the ownership of property
- Proprietary Estoppel claims
- Disputes over deathbed gifts
- Contesting a trust
Inheritance Act Claims
If you have been left out of a Will or have not been left as much as you need, it may be possible to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Our contentious probate solicitors can act for both claimants and defendants, providing carefully tailored support.
At Tinsdills Solicitors, our team have developed substantial expertise in handling various types of legal disagreements. We will be by your side when making or defending against a claim, providing practical support that helps you to secure the right outcome in the right way.
Our team have strong negotiation skills which we can use to help solve Inheritance Act claims with an out of court settlement wherever possible. However, if court proceedings are necessary, we have the expertise to guide and support you through this process.
To reduce the chances of your loved ones launching Inheritance Act claims, it is important to make sure that you enlist expert legal advice when handling lifetime planning matters. We can offer support when it comes to these issues, including:
To arrange an appointment with one of our contentious probate solicitors in Hanley, Leek, Newcastle-Under-Lyme, or Sandbach please call 01782 652300 or use the enquiry form on the right hand side of the page.
Our Inheritance Act Expertise
Being left without reasonable financial provisions following a loved one’s death can be incredibly difficult to deal with, especially as you will already be going through a time of emotional upheaval. In certain situations, it may be possible to rectify this by making a claim through the Inheritance Act.
There are a number of reasons why you may be seeking financial provision under the Inheritance Act. It may be because:
- You have been excluded from a Will
- You have been included in a Will, but have not been left enough to meet your needs
- There is no Will and Intestacy Rules do not apply to you
- There is no Will and Intestacy Rules do not adequately meet your needs
Our contentious probate team can assist you with bringing forward an Inheritance Act claim, building an effective case that enables you to access the financial support you and your family need. From the outset, we can advise you on the merits and the potential value of a claim should you be eligible.
It can be disheartening to learn that your inheritance is being threatened by someone who intends to make an Inheritance Act claim. If a claim is successful, the distribution of the deceased’s estate will be changed, which could mean you stand to lose out.
Our Inheritance Act solicitors can work with you, whether you are a beneficiary of a Will, or you are due to inherit under Intestacy Rules. We can provide clarity over your legal position and what actions you can take in the best interests of the estate.
We can advise you on the most suitable way to respond to any Inheritance Act claims and the likely outcomes.
Get In Touch with Our Contentious Probate Solicitors Today
Do you want to discuss an Inheritance Act claim? We have experience in these areas and more.
With a dedicated team on hand to take you through every step of the process, you can rest assured that we will provide you with the best chance of getting the outcome you deserve.
Inheritance Act FAQs
Under the Inheritance Act 1975, only certain groups will be able to make a claim. You must fall into one of the following categories:
- A spouse or civil partner of the deceased
- A former spouse or civil partner (if not remarried)
- Someone who lived with the deceased for at least two years
- Child of the deceased
- Someone treated as a child of the family by the deceased
- Someone who was maintained by the deceased
If you do not fall into any of these categories, you will not be able to make a claim under the Inheritance Act.
When considering ‘reasonable financial provision’, various factors are taken into consideration. This may include considering the deceased’s wishes, the nature of the relationship with the deceased, any obligations the deceased had, and the existing financial situation of the claimant.
It is important to note that each case is unique. This means that the amount you may be able to claim will heavily depend on the circumstances of the case.
An Inheritance Act claim generally needs to be brought within six months of the date when a grant of probate is issued (where there is a Will) or a grant of letters of administration is issued (if there is no Will).
You do not necessarily need to wait for a grant to be issued before bringing a claim. You can do this at any point after the deceased has passed away.
There may be exceptional circumstances where the court grants permission to bring an Inheritance Act claim outside of the usual six-month time frame. However, an application for permission will be needed.
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