Inheritance, Trusts and Will Disputes

Inheritance Act Claims


If you have been left out of a Will, or a Will or the rules of intestacy do not provide reasonable provision for you, you may have grounds to pursue a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Under the Inheritance Act certain categories of people can bring a claim against an estate for reasonable financial provision. This includes:

  1. Spouses
  2. Ex-spouses
  3. Cohabitees
  4. Children (adult and minor)
  5. Financial dependants

There are a number of factors the Court will consider in assessing the claims and often it will depend on the extent to which someone has a need to be financial maintained by the Estate. In claims made by spouses, however, the Court takes a broader assessment of claims and are not limited to assessing claims based on the claimant’s needs.

Often claims can be pursued to meet an of accommodation needs or a contribution to living costs (to include for example a contribution to education/training, debts or rent).

Claims must be made within strict time frames and it is important to get advice on the same without delay.