Contested Wills, Trusts and Probate

Inheritance (Provision for Family and Dependants) Act 1975 Claims

When someone passes away, their estate is left in accordance with the terms of their latest will or the rules of intestacy. In many cases, historically prepared wills or the rules of intestacy do not provide for important people in a deceased’s life, such as unmarried partners, cohabitees, or stepchildren. As a result, many people find themselves in difficult positions without adequate financial provision.

In such circumstances, it may be possible to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the “Act”). Under the terms of the Act, certain categories of people are able to make a claim for reasonable financial provision from a deceased’s estate, including:-

• The spouse or civil partner of the deceased (including former spouses who have not remarried).
• Children, or someone who was treated as a child, of the deceased.
• Any person who was wholly or partially maintained by the deceased immediately before their death; or
• A person who lived with the deceased in a relationship akin to marriage for two years ending immediately before death.

In most cases, the spouse or civil partner of the deceased is entitled to claim reasonable financial provision having regard to all circumstances. Claims by any other category of claimant listed above are limited to their maintenance only, which is often calculated by reference to the shortfall between their income and outgoings.

In order to substantiate their claims, claimants will need to provide the Court with full disclosure as to their financial and personal circumstances, including the needs and resources they are likely to have in the foreseeable future. The Court will have regard to factors such as the needs and resources of any other claimants or beneficiaries of the deceased’s estate, any moral obligations and responsibilities of the deceased, the size of the estate, and any disabilities of other claimants or beneficiaries.

The Court has the power to grant many different remedies, which may include lump sum payments, ongoing payments, or an order transferring property from the estate to the claimant. However, these cases are often settled outside of Court proceedings by negotiations between the parties.

It is important to note that claims under the Act must be made within 6 months of the date that the grant of probate or letters of administration were issued, so it is important to seek legal advice as soon as possible if you feel you have a claim.

Please contact a member of our specialist Contentious Trusts and Probate Team for assistance.