Following the death of a loved one or close friend, you may be involved with will and estate proceedings, be it as an executor, a trustee, or a beneficiary. In the instance that you feel you have not been adequately provided for within a will or a trust, you may also become involved in order to claim under the Inheritance Act 1975. 

Today, we break down some of the commonly asked questions and myths around the Inheritance Act to help you understand whether or not you can potentially make a claim. 

What is the Inheritance Act?

The Inheritance Act (Provision for Family and Dependants) 1975 allows certain individuals to claim financial provision from a deceased person’s estate, if they believe they have not been suitably provided for in the deceased’s will, or under the intestacy rules in cases where there is no will.

Myth #1: “Only children and spouses can make a claim”

There are many scenarios in which someone may be eligible to make a claim under the Inheritance Act 1975. Whether or not an individual can make a claim will depend on their relationship and/or the level of dependency they had with the deceased. In order to make a claim, a person must be one of the following:

• A current spouse or civil partner
• A former spouse or civil partner (who has not remarried or entered into another civil partnership)
• A child of the deceased (including an adopted child)
• Any person who, as a result of a marriage or civil partnership in which the deceased was a party of at the time of death, was treated by the deceased as a child of the family
• Any person who, immediately before death, was being maintained wholly or partly by the deceased
• Any person who was a cohabitee of the deceased (living in the household as a husband, wife, or spouse for two years, ending immediately upon death of the deceased)

Myth #2: “There is no time limit on making a claim”

If you want to claim under the Inheritance Act 1975, it is important to act quickly. The deadline to make a claim under the Inheritance Act is six months following the Grant of Representation - this gives you (or other individuals named in the will) the legal right to deal with the deceased’s property, money and possessions.

Myth #3: “Adult children cannot make a claim against their parents’ estate”

It is possible for adult children to make a claim against their parents’ estate, however, these cases tend to be more complex and difficult in comparison to minor claimants who were more directly dependent on their parents (i.e. children living at home). 

When it comes to adult claimants, cases tend to be slightly more complex. Notable cases include Ilot v Mitson, in which the Supreme Court considered the below factors when making their ruling:

• the applicant’s current or likely future financial resources and needs or those of any other applicant or beneficiary of the estate;
• the obligations and responsibilities which the deceased had towards the applicant or any beneficiary of the estate;
• the size and nature of the net estate of the deceased;
• any physical or mental disability of any applicant or any beneficiary of the estate; and
• any other matter which in the circumstances of the case the court may consider relevant.

What sort of financial provision might I receive?

Should an individual be eligible to make a claim under the Inheritance Act 1975, the amount they will receive will depend on several factors, and they may not always receive the amount anticipated. 

More often than not, the amount of provision awarded to claimants directly corresponds with what is required for their overall maintenance. Therefore, claimants who are able to maintain their existing lifestyle are not likely to receive much, if any, provision.

Having said that, there are some cases (such as that of a spouse or civil partner) where the decision is not based on maintenance. Overall, the amount to be received will be determined by the courts in line with what they feel is reasonable in the circumstances, taking into account finances and resources, as well as any other circumstances they consider relevant. 

How do I start my claim under the Inheritance Act?

To see whether you are eligible to claim under the Inheritance Act or to start your claim, get in touch with a member of the JMW team. JMW’s probate litigation team regularly advise on successful Inheritance Act claims and will be able to support and advise you at every step of the way. Call our team on 0345 872 6666 or fill in our online enquiry form and a member of our team will be happy to help.