A huge congratulations to Evie for completing the Royal Parks Half Marathon on Sunday 11 October!
Realising you have been written out of a Will can feel painful and unfair, particularly if you maintained a close relationship with the deceased.
Under the Inheritance Act 1975, certain people may be eligible to make a claim for ‘reasonable provision’ from the estate.
While successful claims can change the way the deceased’s estate is distributed if the Will does not ‘reasonably provide’ for them, the Act only applies under specific circumstances.
Making an Inheritance Act claim
While the court does not automatically divide an estate equally among beneficiaries, it strives to evaluate what would be a reasonable provision for relevant individuals.
Courts consider the value of the estate, the claimant’s financial needs, the relationship between the claimant and the deceased and whether there are any other competing claims.
Together, these factors allow the court to assess what provision is deemed reasonable for the claimant.
The Inheritance Act provides a route for certain people to seek financial provision from an estate, which can include:
- Cohabiting partners: Individuals who lived with the deceased for at least two years before death may be able to claim
- Children: Biological children, adopted children, stepchildren or anyone who was treated as a child may be able to claim, considering health, needs, age and personal circumstances
- Spouses or civil partners: If a surviving spouse or civil partner was financially dependent on the deceased or if the Will does not sufficiently provide for them, they may be able to claim
- Former spouses or civil partners: Those who have not remarried but were once financially dependent on the deceased may be able to claim
- Dependents: Those who were financially supported by the deceased may be able to claim, including parents and siblings
Claims typically need to be made within six months from when the probate is granted, so acting proactively is essential to ensure the window for legal action remains open.
Speak to a solicitor
While being excluded from a Will can be disheartening, it does not necessarily mean you are left without rights.
If you believe a Will has left you without reasonable provision, our contentious probate solicitors can assess whether you may have grounds for a claim.
As there are strict time limits, prompt legal advice can be crucial for securing the financial provisions you are entitled to.
Suspect a Will doesn’t reasonably provide for you? Speak to our solicitors for advice on the Inheritance Act 1975.
Related posts
