Claims under the Inheritance Act

Dealing with a death is difficult. When there are disputes about the way an estate is to be divided it can become all the more stressful.

If you feel that a will has not made adequate provision for your financial needs, or the way the assets have been divided up in the absence of a will has left you inadequately provided for, you may be able to make a claim under the Inheritance Act to alter the way in which the deceased's estate is divided.

Making claims under the Inheritance Act

In England anybody with capacity has complete freedom to decide who should inherit their assets. Just being left out of a will does not entitle anyone to make a claim unless the deceased should have provided for them.

However, if you have financial needs which you feel should have been addressed in their will, and you believe they did not properly do so, then making a claim is a way to apply to have this addressed. Similarly claims can be made if the deceased died intestate (without making a will). If you were excluded from a will, however, you cannot claim unless you were financially dependent on the deceased.

Those entitled to claim under the Inheritance (Provision for Family and Dependants) Act include:

• A spouse, or former spouse or civil partner.
• A child of the deceased, or somebody the deceased treated as such.
• Somebody who lived within the deceased's household as the deceased husband, wife or civil partner of the deceased for at least two years prior to the death (this only applies for deaths occurring from 1996 onward)
• Any person the deceased was financially maintaining when they died.

Applications must normally be made within six months of probate or representation being granted. Claims can be made after this time limit, but have a significantly reduced chance of success. It is important that legal advice is taken at an early opportunity.

Making Inheritance Act Claims

If you believe that your financial needs should have been more properly catered for in the division of an estate, I can help with the claim process. I am a former solicitor and a barrister with a legal career spanning over 20 years, a specialist in family law, and have significant experience handling claims under the Inheritance Act. I can provide both practical advice about the claim process and what you can realistically hope to achieve, and strong, evidence-backed advocacy when it comes to fighting for better financial provision.

If you are interested in seeking my help with an Inheritance Act claim, or you would just like to find out more about what making a claim would involve and how I might be able to help, please do not hesitate to contact me to discuss your circumstances.

For expert advice on Inheritance claims, please contact me on 07577 552908 or Email: info@dinahloebbarrister.co.uk