If you feel like you haven’t been adequately provided for in a loved one’s will, or have been left out altogether, you may be able to make a claim under the Inheritance (Provision for Family & Dependants) Act 1975. Get specialist legal advice from our experienced wills, trusts and probate dispute solicitors today.
What is the Inheritance (Provision for Family & Dependants) Act 1975 (“the 1975 Act”)?
The 1975 Act was established to allow disappointed beneficiaries the ability to make claims against estates for reasonable financial provision and to enable the courts to vary the disposition of a deceased person’s estate where it considers reasonable financial provision has not been made for an applicant.
This means that if that you feel you have not been recognised or adequately provided for in a person’s Will or under the rules of intestacy, , you may be able to make a claim under the 1975 Act.
Who can make a claim under the Inheritance Act?
Before you make a claim, you need to make sure you are eligible to do so as not everyone can make a claim under the Inheritance Act. Those that can include:
- A spouse or civil partner;
- A former spouse who hasn’t remarried;
- A former civil partner who hasn’t entered into a new civil partnership;
- A child of the deceased;
- A step or foster child of the deceased (or anyone considered to be a ‘child’ of the deceased);
- Someone who has been living the deceased for at least two years prior to their death (as a partner);
- Anyone else who was either wholly or partly maintained by the deceased immediately preceding their death.
From the date probate is granted, a claimant has six months to issue their claim so acting as soon as possible is essential.
How to challenge a Will
To make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, your first step is to contact an experienced solicitor who can advise you fully upon the merits of your potential claim and the best course of action to help you resolve matters..
Why choose Trethowans?
Our specialist wills, trust and probate solicitors have many years of experience successfully helping clients bring or defend Inheritance Act Claims. We can also help in situations where all parties agree that provisions need to change but are unsure how to go about it legally.
No matter what your situation is, whether you want to make a claim or need help defending one, our specialist Wills, Trusts and Probate solicitors are here to help. Call us on 0800 2800 421 today and we’ll be happy to discuss your case.