Losing a loved one is difficult at any time, but if you find out that you have not been adequately provided for in their Will, it can be even more distressing. If you were a spouse, cohabitee or child of a deceased or otherwise financially dependent on the deceased, you may be able to make a claim under The Inheritance (Provision for Family and Dependants) Act 1975.
At Farleys, we have solicitors specialising in Inheritance Act Claims who will take practical, professional and cost-effective action on your behalf. We understand how to strike a balance between acting in your financial best interests whilst helping you avoid putting strain on family relationships.
The Law and Inheritance Act Claims
The Inheritance (Provision for Family and Dependants) Act 1975 provides protection for people financially reliant on the deceased if a Will or intestacy fails to make ‘reasonable financial provision’ for them. This is a particularly complex area of law and it is therefore vital that your solicitor is experienced in the field.
An Inheritance Act Claim can be made against the estate of the deceased person if:
- The deceased failed to make reasonable financial provision either by way of a Will or under the rules of intestacy;
- You have not been provided for in the deceased’s Will and you were a spouse, cohabitee or child of the deceased or otherwise relied on them financially;
- Trustees of a discretionary trust have refused to give you any provision from the estate
If you are a potential beneficiary, the court will take into account your needs and resources and will consider what is necessary for your maintenance. If you were the spouse or civil partner of the deceased, the court will often look beyond what is necessary.
Our Solicitors have practical knowledge in the field of Inheritance Act claims and will provide you with a professional and efficient service.
In addition to acting for potential beneficiaries, our Inheritance Act solicitors often assist trustees, executors and charities involved in Inheritance disputes and advise at an early stage on the merits of any claim so as to avoid an unnecessary escalation in legal costs to the Estate.