An “Inheritance Act” claim under the 1975 Act can be pursued where a person feels that a reasonable financial provision has not been made for them in the Will or intestacy of the Deceased.
To help make life a little easier, we have put together a choice of Dispute Resolution advice options:
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The 1975 Act allows certain categories of claimant to make a claim for a reasonable financial provision from an estate. The following people are entitled to make a claim under the UK Act:
Our Dispute Resolution team have extensive experience in both pursuing and defending 1975 Act claims and regularly act for both Claimants, beneficiaries and Executors in the High Court. We will aim to identify your goals and the most effective ways of achieving your aims at the outset of your case. We will try to resolve your case without the need for court proceedings wherever possible and we are skilled in all forms of Alternative Dispute Resolution (including mediation).
We acted on behalf of a client in relation to a claim against the estate of her long-term partner, who had died without leaving a Will. The intestacy rules meant that the partner’s estate would pass to his sons, however, we were successful in establishing a claim under the 1975 Act, which resulted in a substantial financial provision being made in our client’s favour.
We acted on behalf of beneficiaries in defending a claim against the estate of their late mother, brought by the mother’s former husband. Divorce proceedings had taken place, however, no financial settlement had been agreed in the divorce proceedings prior to the deceased’s death. We were successful in limiting the value of the claim to an extremely modest sum, preserving the estate for the children.
We represented a client in bringing a claim against the estate of her ex-husband where the deceased’s Will did not make reasonable financial provision. The parties had been separated for over 20 years, however, our client had continued to live in a property owned solely by the Deceased. We were successful in establishing a claim under the 1975 Act, for a 50% share in the property as well as a life interest in the property.
We acted on behalf of beneficiaries in defending a claim brought against their father’s estate, by his ex-wife. The claim was complicated by a drafting error on the part of the Deceased’s solicitors, which resulted in the interpretation of the Will being ambiguous. We were successful in resolving the claim at a multi-party mediation.
There are lots of quick and cheap ways to write a will, so why do people use legal professionals? Open the infographic to find out why...
Mrs C, ChesterfieldThe service I received couldn't have been better!
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As with any legal dispute, costs are a very important consideration and therefore these must be carefully discussed at the outset of a claim. Court proceedings can be very expensive but the vast majority of disputes reach a settlement without the need for a final court hearing. We offer a number of different funding options to clients and will always seek to offer an appropriate method of funding a claim, together with regular costs updates as the claim progresses.
It is difficult to give an accurate timescale as each dispute is different and the timescale largely depends on whether an early resolution can be achieved. If a settlement can be negotiated informally without legal proceedings being necessary then a typical dispute may be resolved in 3-6 months.
Yes. There is a strict time limit of 6 months from the date of the Grant of Probate or Representation in which court proceedings must be commenced. It is therefore very important that legal advice should be obtained as quickly as possible.
The Inheritance (Provision for Family and Dependants) Act 1975 is a piece of legislation that allows certain categories of individuals to bring a claim against the deceased where ‘reasonable financial provision’ has not been made under the terms of the will or on the intestacy of the deceased.
The following categories of persons are eligible to make a claim under the act: -
Not necessarily. Our objective in any dispute is to seek to a successful resolution as quickly and cost-effectively as possible. This can include seeking to negotiate informally, attending a mediation and other methods of alternative dispute resolution. The vast majority of will and trust disputes do not reach a final court hearing.
Making a Will is commonly associated as something you do in later life however, in reality anyone over the age of 18 can have a Will and we would strongly recommend it to anyone with children.
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A disputed will has recently been sent to the Court of Appeal to determine whether an estranged daughter is entitled to money from her mother’s estate.
There are lots of quick and cheap ways to write a will, so why do people use legal professionals? Open the infographic to find out why...
Mr & Mrs B, SheffieldWills writing
Jenna was fantastic, I will definitley recommend to family and friends. I will not hesitate to use your services again.
Mr & Mrs S, ChesterfieldWe wish to thank Banner Jones for incredible assistance in guiding us and explaining the process of our Wills and LPA'S.
Mrs F, Old WhittingtonI am a 93 year old lady, and I was treated as if I was family. Caring and helpful in explaining everything to my dull brain. Thank you.
Mr G, ChesterfieldFrom the minute you walk into reception you are put at ease, and this continues right through the chain. Would recommend them any time.
Mrs S, ChesterfieldI can’t thank Banner Jones enough for the kindness and patience, and would highly recommend this firm.
Mrs H, AshgateWill Writing
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Exceptional service; professional but friendly. Felt at ease and relaxed when given explanation of the matter being dealt with at a very sad time.
Mr & Mrs G, Old TuptonWe had Wills drawn by a different solicitor’s firm who left us confused and anxious. By contrast, the solicitor was patient, helpful, clear and gave us good advice. Thank you for an excellent service. We recommend Banner Jones highly for Will writing.
Mr & Mrs H, HaslandWill Writing
Excellent customer service. Prompt and efficient. I found Jenna to be kind and considerate during our meetings.
Mrs T, Sutton In AshfieldThe young lady was so friendly and helpful, and made me feel comfortable – which is a rare thing these days
