Under the Inheritance (Provision for Family and Dependants) Act 1975, legal protection is available for spouses, children and other dependants where a person has died without leaving sufficient money for their continued well being.

Those who can make a claim are, a surviving spouse, surviving children and a person dependant before death. However, if you are an adult child, and are disinherited by your parents, there is no guarantee of success in an Inheritance Act claim, unless you were financially dependant upon them.

If the deceased owned property jointly with another person, that property can sometimes automatically pass to the co-owner when they die, regardless of their wishes. However, the Inheritance Act allows, under certain circumstances, for this automatic transfer to be stopped, so that you can make a claim against it.

To bring a claim under the Act, you must start your case in Court within 6 months of the Grant of Probate being obtained, or you may lose your right to do so. Therefore, if you think you may be entitled to bring a claim, you should seek legal advice urgently. You should also apply for a standing search (link to standing search section) as soon as possible, so that you can check whether a Grant of Probate has yet been obtained.

Stephensons have a specialist Inheritance Dispute team who will be able to advise you in relation to your dispute. You may also be entitled to Legal Aid, depending on whether you are financially eligible. Call us on 01942 777777 to speak to someone about your case, and to see whether you are entitled to Legal Aid.