In England and Wales, unlike many other jurisdictions, people enjoy what’s known as “testamentary freedom”. This means that individuals can decide how their assets are distributed upon their death. However, this freedom is not absolute. The Inheritance (Provision for Family & Dependants) Act 1975 allows certain individuals to challenge the estate distribution under a Will, or the intestacy rules, when they believe reasonable financial provision has not been made for them.

This blog will guide you through who can make a claim, the time limits involved, and how the court decides what constitutes “reasonable financial provision”.

Who can make a claim?

The Inheritance Act 1975 applies to estates where the deceased was domiciled in England or Wales. Certain individuals, even those living outside the country, are eligible to claim under this law. The categories include:

• Spouses or civil partners of the deceased.
• Former spouses or civil partners (who have not remarried or entered into another civil partnership).
• Children or someone treated as a child of the deceased, including adult children and stepchildren.
• Cohabiting partners who lived with the deceased as if married or in a civil partnership for at least two years prior to death.
• Financial dependants: anyone who was being wholly or partially financially supported by the deceased.

Time limits for bringing a claim

There is a strict time limit for making a claim under the Inheritance Act. You must file your claim within six months from the date the probate or letters of administration were granted. If this window is missed, it may still be possible to file a claim, but you’ll need to provide justification for the delay and obtain the court’s permission.

Tip: If you believe you have grounds for a claim, it’s crucial to seek legal advice as early as possible to avoid complications due to timing.

What is “Reasonable Financial Provision”?

The term “reasonable financial provision” doesn’t mean making someone wealthy, but it ensures they don’t live in poverty. For most claimants, the court defines this provision as what is reasonable for their maintenance. This is different for spouses and civil partners, where the expectation is often closer to what they would have received in a divorce or civil partnership dissolution.

How does the court decide?

When deciding on a claim, the court considers a variety of factors under section 3 of the Inheritance Act, including:

• The financial needs and resources of the applicant (both now and that they are likely to have in the foreseeable future).
• The financial situation of any other applicants and beneficiaries of the estate (both now and that they are likely to have in the foreseeable future).
• The obligations and responsibilities the deceased had toward both the applicant and beneficiaries.
• The size and nature of the estate.
• Any physical or mental disabilities of applicants or beneficiaries.
• Other relevant factors, such as the conduct of individuals involved.
• For spouses and civil partners, additional considerations include the length of the marriage or partnership and any contributions they made to the welfare of the family of the deceased.

What information will you need?

The applicant must provide full financial disclosure at an early stage, as the burden of proof lies with them. The estate and court require this information to assess whether reasonable financial provision has been made.

Beneficiaries defending against a claim are not obliged to provide financial disclosure, but if they choose not to, the court may infer that they do not have a needs-based defence.

Executors have a duty to provide the court with full details of the estate.

Do you have to go to court?

Although many inheritance disputes are resolved through negotiation or mediation, you should be prepared for the possibility of going to court. Alternative Dispute Resolution (ADR) methods are often used successfully to avoid a court hearing, even after formal proceedings have begun.

How we can help ?

Whether you believe you have a claim against an estate or are defending against one, early legal advice is crucial. Our experienced dispute resolution team is here to assist you through every step of the process.

If you need legal help with an Inheritance Act claim, don’t hesitate to get in touch with us. Email us at disputeresolution@tvedwards.com or call 020 3440 8000.

By staying informed about your rights under the Inheritance Act, you can navigate these complex matters more effectively

Disclaimer: The information on the TV Edwards website is for general information only and reflects the position at the date of publication.