Beneficiary Disputes and Inheritance Act Claims

JMW provides expert legal advice to those embroiled in disputes with beneficiaries and those involved in Inheritance Act claims. We are able to represent both family members/dependents who wish to make a claim and those defending against such action.

To speak to our beneficiary dispute solicitors today, simply call us on 0345 872 6666 or complete our online enquiry form and a member of the team will give you a call back. 

Inheritance Act Claims

Inheritance Act claims can of course be contentious, but this is not necessarily always the case. The parties may sometimes agree among themselves to vary a Will in favour of a potential claimant, and in these circumstances we can assist with working out the details and formalising an agreement.

Along with assisting individual claimants wishing to bring a claim for adequate financial provision, we can also advise beneficiaries of an estate who want to defend their interests in the deceased's estate.

The purpose of the Inheritance (Provision for Family and Dependants) Act 1975 is to make appropriate financial provision to certain individuals, depending on their needs, circumstances and relationship to the deceased. Individuals may be entitled to further provision from the estate if they have been:

  • Left out of an Estate as a result of intestacy (where there is no Will)
  • Left out of a Will entirely
  • Left too little to meet their needs

The Inheritance Act enables the court to vary the distribution of the deceased's estate for certain beneficiaries where reasonable financial provision has not been made for those individuals. 

Who is Eligible to Make an Inheritance Act Claim?

Only certain people are entitled to make an application to the court for an order under the Inheritance Act. You may be eligible if you were:

  • The spouse/civil partner of the deceased
  • The former spouse/civil partner of the deceased who has not remarried or entered into a future civil partnership
  • Living with the deceased for at least two years prior to their death
  • The deceased's child (which includes an adult child)
  • Treated as the deceased's child (for example, but not necessarily, adopted, fostered or a stepchild)
  • Being 'maintained' by the deceased

Why Choose JMW?

We are highly experienced in dealing with Inheritance Act claims and are able to act for our clients under a number of different funding arrangements, ranging from privately funded to conditional fee arrangements or third party loans, and we will work with you to determine the most appropriate way to fund your claim.

If you wish to bring an Inheritance Act claim, the cost of litigation must be considered carefully before any application is brought before the court; we can provide further detailed advice on the associated costs of such litigation.

Talk to Us

To find out more about our services and what our Inheritance Act solicitors can do to help you or your business, get in touch today. Simply call us on 0345 872 6666 or allow a member of the team to give you a call back by completing our online enquiry form

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