Who can Make an Inheritance Act Claim?
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:
- A spouse or civil partner of the deceased;
- A divorced spouse or a separated civil partner of the deceased, provided that they have not re-married or entered into a new civil partnership;
- A person who lived with the deceased for a minimum of two years prior to their death;
- A child of the deceased (including children over the age of 18);
- Anyone who was treated as their child by the deceased person, including adopted children, fostered children, step children and so on;
- Anyone being maintained by the deceased person prior to their death
Why choose Banner Jones Family Law Solicitors?
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).
Success Stories
Died Without Leaving a Will
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.
No Financial Settlement had been Agreed in the Divorce Proceedings
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.
Deceased’s Will did not Make Reasonable Financial Provision
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.
Drafting Error on the Part of the Deceased’s Solicitors
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.
How to Make a Will
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.
What is Contentious Probate, and how does it affect me?
Discover what contentious probate means and how disputes over Wills and estates are resolved. Speak to our expert contentious probate solicitors at Banner Jones for clear advice and practical solutions.
The steps cohabiting couples should take when drawing up a will
There’s no denying the huge steps forward seen in creating equality for same-sex couples in the UK during the 21st Century, first with the Civil Partnership Act 2004 and then the Marriage (Same Sex Couples) Act 2013. However, as heterosexual couples have marriage as the only option open to them to make their relationship formal, there have been suggestions of a new inequality having now been created. A legal challenge by mixed-sex couple Rebecca Steinfield and Charles Keidan to be able to enter into a civil partnership instead of a marriage was unsuccessful earlier this year, meaning it’s unlikely the situation will change for heterosexual couples in the near future.
Wills and Planning for the Inevitable
Research just published underlines how ill-prepared most people are in terms of their end of life planning.
The Jones Family: Family Wills Bundle
Wills for everyone in the family can be expensive. Read about our exclusive Family Wills Bundle offer, easily explained by the Jones family, here!
What Happens if I Don't Have a Will?
What’s the worst that could happen if you don’t have a Will? Our expert Wills solicitors have explain what can happen, in simple terms, in our guide.
When should a person’s dying wishes be ignored?
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.
Why Should I Use A Solicitor To Make A Will?
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...
