Bringing a claim under the Inheritance Act 1975

Timeframe for bring an inheritance claim

There are short and strict timeframes for bringing a claim pursuant to the Inheritance Act. Any claim must be issued at Court within 6 months of the date of the Grant of Probate. In some cases, it may be possible to bring a claim after this deadline has passed, but permission to do so must be sought from the Court.

Who can bring a claim under the 1975 act?

To be able to bring an Inheritance Act claim you must be within one or more of the following categories in relation to the Deceased:

• Spouses or civil partner
• Former spouse or civil partner, who has not formed a subsequent marriage of civil partnership
• A child, Stepchild or child who was treated as a child of the family by the Deceased
• Any person who was maintained (either wholly or partly) by the Deceased immediately before death
• Cohabitees living with the Deceased for a period of at least two years immediately before death

What factors will the Court consider?

In order to be able to determine what reasonable financial provision is, the Court will look at several factors, including:

• The financial means and needs that the person making the claim has both now and in the future;
• The financial means and needs that any other Claimants have or may have in the future;
• The financial means or needs that any beneficiary of the estate has or may have in the future;
• Any duties and obligations that the deceased had to any of the Claimants or to any of the beneficiaries;
• The deceased’s net estate, including the type of value of each asset and liability;
• Any physical or mental disability that the Claimant or any beneficiary may have; and
• Any other relevant factors, such as the conduct of the Deceased or the other parties.

Given the relatively short timeframe to issue a claim, it is important to take specialist legal advice as soon as possible if you believe you may have a claim. For more information about any of these issues, or if you need advice in relation to an Inheritance dispute, then please contact one of our Contentious Probate solicitors by email or call on  +44 (0)3333 231 580.