Inheritance Act Claims
Solicitors For Inheritance Act Claims in Wisbech and March
When someone dies, there is often an expectation that the people closest to them will be provided for, whether through a Will or through the rules that apply where there is no Will (intestacy laws).
Unfortunately, this does not always happen, and loved ones are left confused about what rights they may have. Sometimes a Will fails to make reasonable provision for a family member or dependent, or the rules of intestacy produce an outcome that leaves someone who genuinely relied on the deceased without adequate financial support.
Under these circumstances, there may be a route to challenge the outcome provided certain criteria are met. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people are entitled to make a claim against an estate if they have not received what the court considers to be reasonable financial provision.
These claims can be amongst the most emotionally complex areas of contentious probate. They frequently involve close family members, blended families, long-term partners, and people whose relationship with the deceased may not have been straightforward.
At Bowsers Solicitors, our experienced contentious probate team handles Inheritance Act claims with the care and sensitivity they require, while ensuring that your legal position is properly protected. In addition, we can assist in defending against challenges to a Will or the distribution of assets.
How Our Inheritance Act Claim Solicitors Can Help
Whether you believe you have been left without adequate provision from an estate, or you are an executor or beneficiary defending against a claim being made, we can advise you clearly on your position and the options available.
Our contentious probate team can give you an honest assessment of your case’s merits from the outset and help you understand what the court is likely to consider. Where we can reach a resolution without going to court, we will always seek to achieve that first.
Who Can Make an Inheritance Act Claim?
Not everyone is entitled to bring a claim under the 1975 Act, and those wishing to make a claim must meet certain criteria. Being left out of a Will, or receiving less than you expected, is not on its own a sufficient basis for a claim. The categories of persons who may be eligible to apply include:
- A spouse or civil partner of the deceased
- A former spouse or civil partner who has not remarried or formed a new civil partnership
- A person who lived with the deceased as a cohabiting partner for at least two years immediately before their death
- A child of the deceased, including adult children
- A person treated as a child of the family, for example a stepchild
- A person who was financially maintained by the deceased immediately before their death
For more information, please read our article on Disputing an Estate for Lack of Financial Provision – Inheritance Act Claims.
If you are unsure whether you have grounds to bring or defend an Inheritance Act claim, we can provide advice at an early stage to clarify your options.
Contact Us
Wisbech and March Solicitors
Bowsers Solicitors are local solicitors for the local community. We understand that our clients across Cambridgeshire, Norfolk and Lincolnshire want to do what is best for themselves and their families. This may involve disputing a Will. In these circumstances, we will do all we can to support our client and work towards achieving the most favourable outcome.
Our lawyers will always ensure that your options are clear to you and advise against any claim that is likely to fail.
To speak to one of our friendly yet professional lawyers or chartered legal executives for dispute resolution today, please call 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk. Alternatively, you can fill in our contact form.
Contentious Probate and Inheritance Disputes
Bowsers Solicitors can represent clients across the full range of Will dispute and contentious probate matters, including:
- Challenging a Will
- Inheritance Act Claims
- Estate Administration Disputes
- Executor Disputes and Removal
- Defending a Will
- Proprietary Estoppel Claims
- Trust Disputes
We provide clear, practical guidance tailored to your circumstances and work to resolve matters efficiently and sensitively, promoting Alternative Dispute Resolution Methods (ADR) over litigation where possible. Avoiding the court process can prevent lengthy, emotionally challenging, and expensive battles that can further damage the relationship between the parties.
However, when needed, we have the experience to guide you through bringing or defending claims in court. Therefore, regardless of the nature of the dispute, you should always speak to a legal professional who can help you understand what your options are.
A Sensitive and Practical Approach
Inheritance Act claims frequently arise from deeply personal circumstances, often involving family members who were close to the deceased and who feel strongly that the outcome is unfair.
Our contentious probate lawyers draw on decades of experience to provide measured, practical advice and to pursue the most appropriate resolution for your circumstances.
Where possible, we aim to resolve Wills and inheritance disputes through negotiation or mediation. However, we are fully prepared to represent your interests through court proceedings if necessary.
Obtaining early legal advice can help protect your position and prevent unnecessary escalation.
Contact Our Will Dispute Solicitors
If you require advice regarding a Will or inheritance dispute, please contact our experienced solicitors and chartered legal executives.
If you are looking for contentious probate advice, please contact our experienced lawyers and chartered legal executives today on 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk. Alternatively, you can fill in our contact form.
Related Guides and Resources on Inheritance Act Claims
Can an Executor Be Removed? Understanding Your Options
Disputing an Estate for Lack of Financial Provision – Inheritance Act Claims
Contesting a Will – Grounds to Challenge a Will & Legal Options Explained
Inheritance Claims Based on a Promise – What Is Proprietary Estoppel?
Frequently Asked Questions About Inheritance Act Claims
Yes, and this is one of the most important points to be aware of. A claim under the Inheritance (Provision for Family and Dependants) Act 1975 must generally be made within six months of the date on which a grant of probate or letters of administration is issued. Once that deadline has passed, the court’s permission is required to bring a late claim, and permission is not guaranteed.
This is why it is so important to seek legal advice as early as possible if you are considering making a claim. Waiting to see how the estate is administered or hoping matters resolve themselves can put your position at serious risk.
If you are an executor or a beneficiary and you have been notified that an Inheritance Act claim is being made, it is equally important to take legal advice promptly. We can advise you on how to respond, what information you may be required to provide, and the best way to protect the interests of the estate and its beneficiaries throughout the process.
Not at all, and in many cases they do not. Negotiation between the parties, sometimes supported by mediation, can resolve matters without the need for court proceedings. This is generally faster, less expensive and less stressful for everyone involved. However, when a fair resolution cannot be reached through negotiation alone, we are fully prepared to represent your interests in court.
If a claim proceeds, the court will not simply consider how much or how little you received from the estate. It will look at the broader picture, including the financial resources and needs of the applicant, the financial resources and needs of any other beneficiaries, the size and nature of the estate, any obligations the deceased had towards the applicant, and the applicant's conduct and relationship with the deceased.
The standard the court applies differs depending on who is making the claim. A surviving spouse or civil partner is entitled to claim what would be reasonable in all the circumstances, which is a higher threshold than the standard applicable to other claimants, who must show they have not received what is reasonable for their maintenance.