Not everyone dissappointed by a will (or the outcome of intescacy rules) can bring an Inheritance Act claim.
The Inheritance (Provision for Family Dependants) Act 1975 has very clear rules that are to be followed.
The Inheritance Act (as the Inheritance (Provision for Family Dependants) Act 1975 is often referred to) recognises that sometimes a dependant can be overlooked, rightly or wrongly, in a will (or intestacy) and is designed to rectify any potential injustices. The reverse can sometimes happen when the deceased deliberately wanted to cut someone out but they may still have a claim.
Widows or widowers can usually expect to maintain their previous standard of living, provided the estate is large enough. If the estate fails to provide adequately, the court can intervene to remedy the situation.
Claims by Ex-Spouses or Civil Partners of the Deceased
If your ex-spouse or civil partner passes away without leaving adequate financial support, you may be entitled to claim against their estate, provided you haven’t remarried and there are no divorce settlements preventing you from doing so.
For instance, if you signed a prenuptial or postnuptial agreement limiting your inheritance rights, you may be barred from making a claim. It’s essential to seek expert legal advice to fully understand these rules before pursuing an Inheritance Act claim for financial provision.
Claims by Cohabitants
If you lived with the deceased as if married or in a civil partnership for at least two years before their death, you might be eligible to make a claim under the Inheritance Act. This applies to both same-sex and opposite-sex partners, especially if you were left out of the will or not adequately provided for.
It’s important to note that involuntary separations—such as due to work, hospital stays, or one partner being in a care home—don’t interrupt the two-year period. However, voluntary separations do stop the clock.
Claims by Children
Children of the deceased—whether biological, adopted, or treated as such (e.g., stepchildren)—can make claims if left out of the will or inadequately provided for. However, being a child of the deceased does not automatically guarantee the right to inheritance; the claimant must demonstrate a need for financial support. This can be especially challenging for estranged children.
Inheritance Act Claims for Maintenance
‘Maintenance’ refers to essential support for daily living expenses. Adult children who are not financially independent may also claim, but must prove a need for financial maintenance from the estate.
Claims by Those Financially Dependent on the Deceased Before Death
This provision applies to individuals not fitting into the traditional categories but who were financially dependent on the deceased and inadequately provided for. Maintenance can include contributions to housing, debt repayment, school fees, or regular financial support.
To succeed in these claims, dependents must prove their reliance on the deceased’s support. We can assist with such inquiries and help cohabitants or others pursue financial maintenance claims.
