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

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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.

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