Inheritance Act Claims
If you feel like you haven’t been adequately provided for in a loved one’s Will, or have been left out altogether, you can make a claim under the Inheritance Act 1975. Get specialist legal advice from our experienced inheritance solicitors by contacting Trethowans today.
What is the Inheritance Act?
The Inheritance Act was created to enable courts to change the division of a deceased estate if reasonable financial provision for certain relatives or dependants isn’t felt to be sufficient or fair.
This means that if that you feel you have not been recognised or adequately provided for in a loved one’s Will as you had expected, you can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This includes the following situations:
- The deceased didn’t leave a valid Will
- You have not been included in the Will at all
- You haven’t been left as much as you had expected
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 relied financially on the deceased
If you are the deceased husband, wife or civil partner, you are entitled to make a claim no matter your financial situation. However, for anyone else, you will need to show your financial security depended on the deceased and that you are now in need of it.
From the date probate is granted, you have six months to register your Inheritance Act 1975 claim so acting as soon as possible is essential. Contact Trethowans today online or on 0800 2800 421 to get started.
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 a professional solicitor who will help you work out your case and provide expert advice and guidance in negotiating the complex legal processes and systems.
At Trethowans, our specialist inheritance solicitors have several 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.
Whilst each case varies from person to person, we generally follow the same 3 steps when someone wants to bring an inheritance claim:
1) In order to assess whether you can make a claim we need to gather evidence. This typically includes examining the Will and relevant documents, enquiring about the deceased medical history and gathering witness statements.
2) Once we’re happy there is enough evidence for your claim, we will try to resolve the issue through mediation, a quicker, less stressful and more cost-effective alternative to going to court.
3) If a claim cannot be settled through mediation, then your case will go to court where your solicitor will continue to represent you in order to secure the best possible outcome.
So, no matter what your situation is, whether you want to make a claim or need help defending one, our inheritance solicitors in Bournemouth, Poole, Southampton, Salisbury and Winchester are here to help. Call us on 0800 2800 421 today and we’ll be happy to discuss your case.