Understanding the Inheritance Act and Your Rights
When someone passes away, their estate is distributed through a Will or the rules of intestacy. However, this may not always provide fair financial support to those who depended on the deceased. The Inheritance Act 1975 (formally known as the Inheritance Provision for Family and Dependants Act 1975) allows certain individuals to bring a claim if they have not been adequately provided for.
At Vault Private Client, our solicitors provide expert guidance for claimants and defendants in these sensitive disputes. We combine deep knowledge of UK inheritance law with practical strategies, helping you understand your rights under British inheritance law and how to approach a claim under the Inheritance and Dependants Act 1975.
Who Can Bring an Inheritance Act Claim?
You may be eligible to claim under the Provision for Family and Dependants Act 1975 if you are:
- A spouse or civil partner of the deceased person
- A former spouse or civil partner who has not remarried
- A child of the deceased, including adult children
- A stepchild or someone treated as a child of the family
- A cohabiting partner who lived with the deceased for at least two years
- A financial dependent who was maintained by the deceased before their death
All claims must usually be made within six months of the grant of probate, so it is important to act quickly. Courts will consider the claimant’s financial needs, any physical or mental disability, the size and nature of the estate, and the needs of other beneficiaries of the estate before reaching a decision.
Inheritance Act Claims: Claimants and Defendants
Our solicitors regularly support both those bringing a claim and those defending one.
- For claimants: We assess your eligibility, prepare your claim, and negotiate to secure a fair share of the deceased’s estate.
- For executors and beneficiaries: We defend estates against claims, ensuring the estate is properly administered while protecting the interests of those entitled under the Will or intestacy.
We aim to resolve disputes through negotiation or mediation wherever possible. If court action is required, we are experienced in handling complex litigation under the Family Provision Act 1975 and other aspects of inheritance laws in England.
FREQUENTLY ASKED QUESTIONS.
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1. What is the Inheritance Act 1975?The Inheritance Act 1975, also known as the Inheritance Family and Dependants Act 1975, is legislation that allows certain individuals to claim provision from an estate if they have not been reasonably provided for under a Will or intestacy.
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2. How successful are Inheritance Act claims?Success depends on several factors, including the claimant’s relationship to the deceased, financial need, whether they were maintained by the deceased, and the overall size and nature of the estate. Courts will also assess what is reasonable provision for the foreseeable future.
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3. What is the time limit to bring a claim?You generally have six months from the date of the grant of probate to bring a claim. In rare cases, courts may extend this time limit, but applications must show strong reasons for delay.
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4. What happens if I am defending an Inheritance Act claim?If you are an executor or a beneficiary of the estate, you may need to defend against claims. We provide strategic advice on protecting the estate and ensuring compliance with inheritance law, while working to resolve disputes efficiently.
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5. Does the Act apply if someone dies without a Will?Yes. Where the rules of intestacy apply, claims can still be brought under the Act if the distribution leaves a dependent or family member without reasonable financial support.
THE BEST IN THE BUSINESS.
Our private client solicitors are specialists in Inheritance Act claims, with years of experience in both challenging and defending claims. We understand the delicate nature of these disputes and provide clear, practical legal advice tailored to your situation.
Russell Kaminski
Partner and Head of Private Client
Lucy Cresswell
Associate
Alison Rocca
Partner
Jason Stanley
Partner
Holly Greensmith
Solicitor
Mark Dawson
Chief Executive Officer
Amanda McAlister
Head of Group Consumer Brands
Because we are here to help you.
Whether you are considering making a claim under the Inheritance Act or defending against one, Vault Private Client is here to support you.
Our team of inheritance law experts will guide you through the legal process with sensitivity and confidence.
"Thank you ever so much, Russell and Lucy for helping me with the death of my father. The whole process of your services has been a godsend. Just wanted to say thank you and take care."
PROBATE CLIENT
