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Inheritance Act claims

Under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”), legal protection is available for specific persons, where someone has died without leaving sufficient money for their continued wellbeing.

Who is able to make a claim under the Inheritance Act?

The following people are entitled to make a claim under the Inheritance Act:

  • A spouse or civil partner of the deceased
  • A divorced spouse or a separated civil partner of the deceased, given that they have not remarried or entered into a new civil partnership
  • Any 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 cared for by the deceased person prior to their death

If you are considering making a claim under the Inheritance Act 1975 call us for expert advice on 0161 696 6178. Alternatively, you can fill out our online enquiry form and someone will be in touch with you as soon as possible.

Important factors when considering an Inheritance Act claim

  • The financial needs of the person making the claim
  • The financial needs of any beneficiary of the estate in question has
  • Any responsibilities the deceased had in regards to the person making the claim, or towards any beneficiary of their estate
  • The size and contents (eg. properties, assets) of the deceased’s estate
  • Any disability (either mental or physical) of the person making the claim, or any beneficiary of the estate
  • Any other issues, such as the conduct of the person making the claim, or any other person involved, which the Court may deem as relevant to the case

Inheritance Act limitation

To bring a claim under the Inheritance Act, you must issue your claim within six months of the grant of probate being obtained or you may lose your right to claim. Therefore, such claims are extremely time sensitive and so if you think you may be entitled to bring a claim, you should seek legal advice urgently. 

Defending an Inheritance Act claim

If you are an executor or beneficiary of an estate, and are concerned that someone may bring a claim, or someone is already brining a claim against the estate, we can help you defend the claim and look to reach an amicable resolution.

The earlier we are involved in such disputes, the greater opportunity we have to resolve the dispute at the earliest opportunity.

Get in touch

If you believe that you have been left without reasonable financial provision in someone’s will, get in touch with Stephensons solicitors today to see how we can help. Alternatively, if you wish to defend such a claim against an estate, we can help you. Give us a call on 0161 696 6178 or complete our online enquiry form and someone will contact you as soon as possible.

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