Inheritance Act Claims: A Guide from Howard & Over

Leaving assets on your death seems straight forward, you decide who receives them...right!? 

Well, this isn’t always the case. The 1975 Inheritance Act is in place to ensure fair distribution of assets, particularly in cases where the deceased's Will may not adequately provide for certain dependents or family members. In this blog, we delve into the Inheritance Act, what it is, and its impact on the probate process. Whether you're planning your own estate or dealing with the aftermath of a loved one's passing, understanding this crucial piece of legislation can make all the difference in how assets are distributed, and disputes are resolved.

What is the Inheritance Act?

While you generally have the freedom to choose your beneficiaries, the Inheritance Act (Provision for Family and Dependants) is designed to support some close family and dependents who should, according to the law, be entitled to receive reasonable financial support after the death of the deceased. This applies if they’ve been entirely excluded from the deceased’s Will or haven’t received an inheritance sufficient to meet their needs.

What Qualifies as a Valid Inheritance Act Claim?

In order to help make a successful claim under this act, a person must be of a certain relation to the deceased; such as a child (or someone treated as a child), spouse, civil partner, co-habitant, someone with a physical or mental disability that was reliant on the deceased, or any other person financially dependent on the deceased. However, there are further criteria that the claimant must meet to be eligible to claim. For example, in the case of co-habitants, they must have lived with the deceased for two full years prior to their death.  

Here are some valid Inheritance Act Claims: 

• If you are married to the deceased but have been left out of the Will. 
• If you are the deceased's child and have been left out of the Will for no good reason.
• If you were unrelated to the deceased but you relied upon them to pay rent, bills, or other expenses on your behalf.  

The Process of an Inheritance Act Claim

The Inheritance Act establishes a single, well-defined basis for claims that proves that the deceased failed to make a reasonable financial provision for the claimant. However, the concept of a “reasonable provision” is flexible and determined by the court, based on the unique relationship between the deceased and the claimant. Spouses and civil partners have a higher threshold for what qualifies as “reasonable” compared to other eligible claimants. This reflects the typically greater financial interdependence and moral obligations that exist within a marriage or civil partnership. The court doesn’t just simply decide what is fair. It follows a process that evaluates numerous key factors. These factors include the claimant’s financial needs, the deceased’s legal and moral obligations towards the claimant, the size of the estate, any disabilities of the claimant, and the conduct of both parties. By considering all these elements, the court reaches a balanced decision regarding the appropriate financial award, if any.  

What Does a Successful Inheritance Act Claim Look Like?

A successful claimant, after the court considers their financial needs and relationship with the deceased, may receive various forms of financial support. The court may decide on regular payments to provide the claimant with a steady income stream, or alternatively, a one-time lump sum payout from the estate may be awarded. In some cases, ownership of a property, such as a house or land from the deceased estate could be transferred to the claimant. The court even has the authority to modify existing trusts set up by the deceased to benefit the claimant. These adjustments could grant the claimant access to the contents of the trust. Ultimately, the specific type of financial provision awarded will be tailored to all the circumstances of the claimant.

How to Avoid an Inheritance Claim Being Made

When creating a Will, you should consider your relationships to your family, and if you don’t intend to leave anything to certain family members or dependents, it’s important you provide clear and documented explanations for your decisions. A heartfelt letter, written by you and stored alongside your Will can go a long way in preventing potential disputes.  And remember, while a claim can be made, it doesn’t guarantee success! 

 If you believe you have been unfairly left out of a Will and think that a successful claim could be made, gather evidence, find out whether probate has been granted or not, and when it was granted, then seek legal advice by contacting Howard & Over Solicitors, to speak to our Litigation Team.  

Get in touch with our litigation experts at Howard and Over today.