What can I do if I have been left out of a will or I am unhappy about my share?

Depending on your relationship with the deceased and your financial circumstances, you may be eligible to make a claim under the Inheritance Act. If the will does not reflect a promise made by the deceased before his or her death (such as a promise to transfer land or property) you may have a proprietary estoppel claim. You might also want to look at whether there is any possibility of making a challenge to the validity of the will.

How much does an Inheritance Act claim cost?

It is difficult to say how much the total cost of an inheritance dispute will be as it will depend upon what work needs to be undertaken and how the other parties deal with the claim. The overall cost of court proceedings can however vary from a few thousand pounds to many tens of thousands of pounds. Depending on the circumstances of the case, we generally always try and settle our clients’ cases outside of court to keep costs to a minimum. This also means our clients have as much control as they can over the outcome of the case. We appreciate that the cost of obtaining legal advice or pursuing or defending a claim is often a great concern to clients. Depending on the circumstances of your case, we may be able to offer you alternative funding options, such as "no win, no fee" or a deferred payment arrangement.

Are there time limits for bringing an Inheritance Act claim?

Yes - a claim under the Inheritance Act must be brought within 6 months of the date of grant of representation. If you are already out of time please do still contact us as we may still be able to help - in some circumstances claims can be brought out of time.

Will I have to go to court?

Court proceedings can be expensive and stressful and should be considered a last resort. Subject to the six month time limit for issuing court proceedings, you may not need to go to court. We can assist you in trying to resolve your claim by alternative dispute resolution, for example by written negotiations or at a mediation.

Will I automatically inherit my partner’s estate as a common law husband or wife?

There is no legal status in England and Wales of a "common law" husband or wife. If you have not made a will, on your death your estate will pass in accordance with the intestacy rules, irrespective of whether you have children with your partner or the length of time you have lived together.

Inheritance Act Claims

Advising relatives and dependants on challenging a will when insufficient provision has been made for them.

Certain relatives and dependants can challenge a will or the rules of intestacy (where the deceased died without a will) if the provision made for them in either circumstance is insufficient. Such an individual can challenge the provision made to them (or lack of) by bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

In a case where reasonable financial provision has not been made for the applicant, the Inheritance Act allows the court to change the shares of the deceased's estate so as to make reasonable financial provision for them.

The categories of people who may be eligible to bring an Inheritance Act claim are:

The spouse or civil partner;
A former spouse or civil partner who has not remarried or registered a new civil partnership;
A person who was cohabitating with the deceased as 'husband and wife' for at least two years prior to their death;
A child of the deceased;
A person treated by the deceased as "a child of the family" (for example a fostered or step-child); or
A person who was being maintained by the deceased.

What is reasonable financial provision?

The power of the court to make an award under the Inheritance Act is limited to ordering only such provision as is reasonable for the maintenance of the applicant. A spouse or civil partner does not have to be in financial need to make a claim. Anyone else claiming under the Inheritance Act will need to show that they are in need or were financially dependent on the deceased.

Assessing Inheritance Act claims

When determining a claim under the Inheritance Act and whether reasonable financial provision has been made, the court will consider a number of factors, including:

the financial needs and resources of the applicant;
the financial needs and resources of any other applicant;
the financial needs and resources of any beneficiary of the estate;
any obligations and responsibilities that the deceased had towards any applicant or beneficiary of the estate;
the size and nature of the estate;
any physical or mental disability of any applicant or beneficiary; and
any other matter, including the conduct of the parties.

Is there a time limit to bring an Inheritance Act claim?

An Inheritance Act claim must be issued at court within six months of the date of the Grant of Probate. It is sometimes possible to bring a claim outside of this 6-month time limit, but strict rules apply.

If you are considering bringing a claim under the Inheritance Act, or if you find yourself having to defend such a claim, we recommend that you seek specialist legal advice as soon as possible.

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Whether you need to dispute a will or defend your inheritance, our expert team will work with you to achieve the best result. Contact us on freephone 0800 0931336, by email at willdisputes@ashfords.co.uk, or via the contact button below for a no obligation chat to see how we can help.

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