Inheritance Disputes: I’ve been left out of a Will – can I make a claim?

“Someone has died and I’ve been left out of the Will – can I make a claim?”

This article considers the types of claim which could be made if a deceased’s Will is considered legally valid, however, the said Will may not have reasonably provided for an individual. For more information regarding the validity of a Will, please see our earlier article “When might a Will not be valid?”.

Whilst this is in no means a straightforward process, an individual, provided certain relevant criteria are met, can make what is informally known as an ‘Inheritance Act’ claim against the estate of the deceased.

What is an Inheritance Act Claim?

These claims are sought under the Inheritance (Provisions for Family and Dependants) Act 1975. This is a piece of legislation which can enable a claim to be made by certain individuals connected to the deceased. Such persons who may be able to make a claim under the Inheritance Act are:

• A spouse or civil partner of the deceased.
• The deceased’s Children (including adopted children or stepchildren).
• A former spouse of the deceased if the deceased and the former spouse have not remarried.
• A person who has been living with the deceased for a minimum of 2 years.
• A person who has been financially maintained by the deceased

When can I make an Inheritance Act claim?

An Inheritance Act Claim can be brought in three instances:

1. If the deceased did not leave a Will and therefore died ‘intestate’.
2. If the individual has been left out of the deceased’s Will entirely.
3. If the individual has not been left as much as they consider they reasonably require.

When considering someone who has not been left as much as they may believe they reasonably require it is important to think about the principle of “reasonable financial provision”. This may be subjective and should be considered with the particularities of the individual case with your legal representative.

How long do I have to make an Inheritance Act Claim?

With an Inheritance Act Claim you must act relatively swiftly. There is a limit which states that an Inheritance Act Claim must be made within 6 months of the Grant of Probate being issued. It is possible to make a claim at a later date, however you would be required to justify your reasoning for making a claim out of time to the Court and that Court may reject a late claim.

What information will I need?

Inheritance Act Claims are entirely situational and therefore the more information that can be provided, the better. It may be that the professional assisting you will require family background and some personal information.

We are here to help

Often these matters can be difficult for families to navigate, but please be assured that our Contentious Probate team are on hand to advise you with sensitivity with whatever your circumstances may be. We will also discuss the potential costs involved and your options in this respect.

If you feel that you have been unfairly left out of a Will please contact our Contentious Probate department on 01761 414 646 or enquiries@th-law.co.uk if you would like to make a free no obligation appointment with one of our experts.

About the writer: Alexandra Porter specialises in Contentious Estates at Thatcher and Hallam LLP Alexandra Porter – Thatcher + Hallam Solicitors contact via email aporter@th-law.co.uk