Who can claim under the Inheritance Act?

In order to bring an Inheritance Act claim you must fall within the category of claimants at section 1 of the Act. This includes spouses, civil partners, cohabitees, children and those treated as children of the family, and anyone being maintained (financially) by the deceased.

Can grandchildren make a claim on inheritance?

Grandchildren may contest a will which they believe to be invalid provided they have an interest in the estate. This may include circumstances where if a will were proven invalid, the grandchild would inherit under the intestacy rules because their parent predeceased their grandparent(s). A grandchild may bring a claim for provision from the estate under the 1975 Act if they were being maintained or partially maintained by the deceased prior to the deceased’s death.

What is reasonable provision from an estate?

For spouses and civil partners “reasonable provision” is any provision as is reasonable for them to receive whether or not it is required for their maintenance. For all other claimants, it is provision as is required for their maintenance.

What is the 6 month rule?

A claim under the Inheritance Act must be brought within 6 months of the date of grant of probate, unless the claimant has the court’s permission to bring it after this time.

Inheritance Act Claims

We can advise you if you wish to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for fair financial support from a deceased’s estate. We appreciate that making a claim can be stressful but with our expert guidance, we will advise you every step of the way, so you know what to expect and ensure your rights are fully protected.

An Inheritance Act claim does not challenge the validity of a will or the application of the intestacy rules. Instead, it is a claim for reasonable financial provision from an estate when a valid will or the intestacy rules fail to provide adequately for certain individuals, such as a spouse, partner, children, or dependents.

Speak with our experts to explore your options.

Additionally, we provide advice to beneficiaries and executors who may need to defend against or be involved in a claim under the Inheritance Act.

When should a claim be brought?

The deadline to bring a claim is six months from the date of the Grant of Probate. This is a short time limit and therefore, it is important to seek advice as early as possible if you think you have a claim. Claims can sometimes be brought later but only with the permission of the court, which is not guaranteed.

You will find answers to common questions around Inheritance Act Claims in the FAQs at the bottom of this page.

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Why choose B P Collins as your Inheritance Act claim solicitors?

With 60+ years of experience in contentious wills, trusts and probate, we’re consistently ranked in legal directories such as Chambers HNW and The Legal 500, for the strength of our private wealth disputes practice.

We have successfully achieved settlement on a variety of court actions including substantial High Court litigation regarding the validity of wills, claims under the Inheritance Act and applications to remove personal representatives from their roles as executors and administrators.

Our team is committed to resolving disputes efficiently and cost effectively, whilst achieving the best possible outcome for our clients. Partners Matthew Brandis and Craig Williams are mediation advocates and accredited mediators of the Centre for Effective Dispute Resolution (CEDR), as well as being members of the Association of Contentious Trust and Probate Specialists (ACTAPS).

We also work with clients with assets within the UK and internationally and have a strong network of specialised lawyers from other jurisdictions when required. We frequently collaborate with our private client and family colleagues to resolve matters effectively.

Contact our Inheritance Act claim solicitors today

If you believe that insufficient provision has been made for you from an estate or you are a personal representative or beneficiary facing a claim from a third party, it is important to seek specialist advice as soon as possible.

If you require advice regarding an Inheritance Act Claim, please contact our Inheritance Act Claims lawyers, who are based in London, Thame and Gerrards Cross, on enquiries@bpcollins.co.uk or 01753 889995.