Inheritance disputes - UK Inheritance Act

Under the UK Inheritance Act 1975, legal protection is available for spouses, children and other dependants where a person has died without leaving sufficient money for their continued wellbeing. If you feel you are in this situation call Stephensons’ inheritance experts on 0203 816 9314 for advice on how to make a claim.

The factors that the British Court must by law consider when dealing with Inheritance Act claims include:

  • 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

loading staff

Who can make a claim under the Inheritance Act 1975?

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 dependent 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 Inheritance Act, you must start your case in Court within six 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 as soon as possible, so that you can check whether a grant of probate has yet been obtained.

Get in touch

If you are considering making a claim under the Inheritance Act 1975, Stephensons may be able to help you. To speak to one of our legal UK inheritance specialists, please call us for expert advice today on 0203 816 9314. Alternatively, you can fill out our online enquiry form and someone will be in touch with you as soon as possible.

If you are currently involved in a dispute we can offer a fixed fee 30-minute appointment from only £150. We can advise you on what taking action will cost you overall, how long it’s likely to take and whether your have a strong case.

  • Will, Trust & Inheritance Disputes - Inheritance Act Claims

    Stephensons' inheritance disputes specialist comments on the different types of dispute which can arise in relation to an individuals estate, focusing on Inheritance Act claims.

    [youtube url="https://www.youtube.com/watch?v=aNtqTVpfMWA"]

8.5 out of 10
Trustpilot logo4-stars on trustpilot Based on count 310

We're Great

It is our business to deliver legal services that work for our clients, and you can trust our specialists to take care of things on your behalf.

Our Trustpilot reviews

We are so thrilled with the work Heather has done so far. She is a force to be reckoned with and exactly the person you want on your side. Her knowledge on the matter is second to none, she is very approachable and is great at explaining the complicated case to us while advising us of our best options. 
View from a Will, trust & inheritance dispute client

When its s'no'w go - are you covered? An insight into why travel insurance is a necessity for all year round

In the excitement of booking our well-earned holidays we often forget about the important issues…what if things go wrong? Let’s face it, insurance is usually on our “to do” list prior to departure to often sunnier climates. The...

Read more

Twitter block 1 tweet

Only 5 per cent of Brits can accurately spot the key signs of bowel cancer

- 95 per cent were unsure about the main signs of the cancer - Bowel cancer is UK’s second biggest cancer killer – 16,000 people die each year - Knowing the signs and early diagnosis is key to curing the disease Only five per cent...

Read more

Staff reorder - wills inheritance

  • Andrew Leakey
  • Heather Roberts
  • Liam Waine

We're always here for you

As an award-winning top 150 law firm, with over 450 staff based in offices across the country, you're never far from the advice you need.

Find your nearest Stephensons office and arrange a meeting

As an award-winning top 150 law firm, with over 450 staff based in offices across the country, you're never far from the advice you need.