When a close family member or common law spouse passes away the last thing you want to
do is pursue a claim if you haven’t been provided for or taken into consideration. However
as there are very strict time limits to pursue an Inheritance Claim it’s important to take legal
advice as soon as possible.
- We have helped many people to make successful claims under the Inheritance Act, after
unexpectedly finding that they are not properly provided for on death.
- We can also help if you are an executor or beneficiary and someone else is contesting the
- Will for this reason.
- We’ll offer you clear advice and support you at this difficult time.
- We combine a sensitive and sympathetic approach to inheritance and probate disputes with
a determined fighting spirit to ensure the best results are achieved.
WHAT IS INHERITANCE ACT CLAIM?
The aim of the Inheritance (Provision for Family and Dependants) Act 1975 is to make
financial provision for those who:
- have not inherited as a result of intestacy (where there is no will);
- have been left out of a will entirely; or,
- haven’t been left as much as they need.
WHO CAN MAKE AN INHERITANCE ACT CLAIM?
There is only one ground for a claim under the Inheritance Act, which is that the disposition
(or division) of the deceased’s estate, whether following the Will or under the laws of
Intestacy, does not make reasonable financial provision for the applicant.
If someone has died, the Inheritance Act allows certain people to make claims against the
estate if they have not been reasonably (financially) provided for. If you fall into one of the
categories below, you may be able to make a claim:
- The wife, husband or civil partner of the person who died.
- A former wife, husband or civil partner who has not since remarried or formed
another civil partnership.
- Someone who lived with the person for at least two years before their death
- A child of the person who died
- A person treated as a child of the person who died.
- Someone who has been financially supported by the person who died up until the
GROUNDS FOR MAKING A CLAIM
Where the applicant is a spouse, or a civil partner, of the deceased, ‘reasonable financial
provision’ means such provision as would be reasonable in all the circumstances of the case
for a husband or wife or a civil partner to receive, whether or not that provision is required
for his or her maintenance. The court must consider, but is not bound to follow, the likely
settlement that would have made within divorce proceedings, if the parties had divorced
rather than the deceased having died. You may hear this referred to as the ‘divorce fiction’.
For all other applicants under the Inheritance Act, ‘reasonable financial provision’ means
such provision as it would be reasonable in all the circumstance of the case for the applicant
to receive for his maintenance. Thus the court will not make an order in these circumstances
only because the applicant feels that the Will or Intestacy is unfair or is not as they
expected. The applicant must show that he had a reasonable expectation of having his living
costs met by the deceased. If the applicant was financially independent of the deceased
before the date of death, it may be very difficult to show such an expectation.
How Can Mendelsons Solicitors Help You Contest A Will
We can help you make your Inheritance Act claim by guiding you through each step of the legal process.
We can explain your position within the law in plain language without
overloading you with lots of legal jargon and technical terms.
We offer clear and practical advice that will help simplify and speed up the claims process.
Funding and Costs:
First of all we provide you with a free, no obligation discussion about your case.
This will help you and us decide on the best options available to you.
There are a range of funding
options which might be available to fund your case.
‘No win no fee’ agreements
Discounted fee agreements
Legal expense insurance (often included with home insurance policies).
WHY CHOOSE MENDELSONS?
Our experts will go through the funding choices with you and discuss the options available
and the best option which suits your case.
Contact Us for Free Advice
For advice in relation to bringing a medical negligence claim, call Steven Mendelson today, on 0161 241 1661 email us at email@example.com or complete our online enquiry form and we will call
you. We will then discuss your case with you and explain the next steps for you to take.