When a loved one passes away, the distribution of their estate can sometimes cause distress, particularly if those left behind feel they have not been reasonably provided for. In certain circumstances, it may be possible to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the “1975 Act”) to seek greater financial provision from an estate.
At Acuity Law, our experienced contentious probate team regularly advises clients on their rights under the 1975 Act and guides them through what can be a sensitive and emotionally charged process.
What is the 1975 Act?
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain categories of people to make a claim against a deceased person’s estate if they believe the will (or the intestacy rules where there is no will) fails to make reasonable financial provision for them.
This piece of legislation is designed to protect close family members and financial dependants who may be left vulnerable by a will or intestacy that does not meet their financial needs.
Who can claim?
Only certain individuals are entitled to bring a claim under the Act. These include:
- The spouse or civil partner of the deceased
- A former spouse or civil partner who has not remarried or entered a new civil partnership
- A person who had been cohabiting with the deceased for at least two years prior to their death
- A child of the deceased
- A person treated by the deceased as a child of the family
- Any other person who was being maintained by the deceased immediately before their death
What is ‘reasonable financial provision’?
- The court assesses whether the provision made (or not made) for the applicant is reasonable in the circumstances.
- For spouses and civil partners, reasonable financial provision means such financial provision as it would be reasonable for them to receive, whether or not needed for their maintenance.
For all other categories of claimant, it means such provision as would be reasonable for their maintenance only.
This distinction is significant, as spouses and civil partners may potentially receive a greater provision than other eligible claimants.
How does the court decide?
When considering a claim, the court will take into account a number of factors, including:
- The financial needs and resources of the applicant, both now and in the foreseeable future.
- The financial needs and resources of other beneficiaries.
- The size and nature of the estate.
- Any obligations or responsibilities the deceased had towards the applicant.
- Any physical or mental disability of the applicant or beneficiaries.
- Any other relevant circumstances, including the conduct of the parties.
- Each case is assessed on its own facts, and outcomes can vary considerably.
Time limits
A claim under the 1975 Act must usually be made within six months of the date of the Grant of Probate or Letters of Administration.
Late applications are possible in exceptional cases, but require the court’s permission – which is not guaranteed. It is therefore essential to seek legal advice promptly.
How can Acuity Law help?
At Acuity Law, we understand that disputes over inheritance can be distressing and complex. Our specialist contentious probate solicitors offer sensitive, clear, and practical advice on:
- Assessing your eligibility to bring a claim
- Advising on the merits and likely value of a claim
- Negotiating settlements to avoid litigation where possible
- Representing clients in court proceedings where necessary
Whether you are considering bringing a claim or facing one as a beneficiary or executor, we can guide you through your options and protect your interests.
