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A Quick Guide To Making A Claim Under The Inheritance Act 1975

A Quick Guide To Making A Claim Under The Inheritance Act 1975

With more and more people unable to get on the housing ladder or save for a pension due to high living costs, relying on inheritances has become common. But what happens if the inheritance you were expecting or promised does not materialise? Consider this common scenario. Your parents separated, and one has remarried. The couple made ‘mirror Wills’, naming each other as the beneficiary. When your parent dies, your stepparent changes their Will to leave everything to their biological children, effectively cutting you out of your inheritance.

If you find yourself without an inheritance that you were expecting, you can consider making a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (The Inheritance Act 1975). 

What does the Inheritance Act 1975 do?

If a deceased’s person Will does not make “reasonable financial provision” for you, it may be possible to claim under the Inheritance Act 1975. Section 3 of the 1975 Act states the factors the Court must consider when deciding whether ‘reasonable financial provision’ was provided by the deceased:

  • the financial resources and financial needs which the applicant has or is likely to have in the foreseeable future;
  • the financial resources and financial needs which any other applicant has or is likely to have in the foreseeable future;
  • the financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future;
  • any obligations and responsibilities which the deceased had towards any applicant or beneficiary of their estate;
  • the size and nature of the net estate of the deceased;
  • any physical or mental disability of any applicant or beneficiary of the estate of the deceased;
  • any other matter, including the conduct of the applicant or any other person, which the court may consider relevant in the circumstances of the case.

‘Reasonable financial provision’ does not mean you will get an equal share of the estate. If your claim is successful, the Court will examine the factors listed under section 3 to decide what, if any, amount should be awarded to you.

Who can claim under the Inheritance Act 1975?

The Inheritance Act 1975 allows the following people to bring a claim:

  • Spouses or civil partners of the deceased.
  • Former spouses or civil partners who have not remarried or entered into a new civil partnership.
  • Cohabitees, specifically those who lived with the deceased for at least two years immediately before their death.
  • Children of the deceased, including adult children.
  • Persons who were treated as a ‘child of the family’, for example, stepchildren.
  • People who were maintained wholly or partly by the deceased immediately before death.

If you decide to bring a claim under the Inheritance Act 1975, the onus is on you to prove that the deceased did not make adequate financial provision for you in their Will.

What was decided in the case of Ilott v Mitson?

In the case of Ilott v Mitson [2017] UKSC 17, Heather Ilott, an estranged daughter, brought a claim against her late mother’s estate. Her mother had left the entirety of her estate to three charities, leaving no provision for Heather.

Initially, Heather was awarded £50,000 out of a total estate of £486,000, with the residue passing to three national charities. The Court of Appeal increased the award to £143,000 to enable her to buy her housing association home, plus an option to receive a further £20,000. The charities appealed to the Supreme Court, which restored the District Judge’s original award. The Supreme Court highlighted that ‘reasonable financial provision’ should focus on maintenance and not necessarily improving the Claimant’s financial position.

How long do I have to bring a claim under the Inheritance Act 1975?

Any claim must be brought within six months of Grant of Probate. However, the Court does have the discretion to allow an out of time claim if specific conditions are met.

What award can I get if I succeed in an Inheritance Act 1975 claim?

The Court has broad discretion in determining the appropriate financial provision to be awarded. This may include a lump sum payment, periodic payments, or property transfer.

Does every case go to court?

It is unlikely your case will end up in court as most claims are settled through alternative dispute resolution methods (ADR) such as negotiation or mediation. It is crucial to consider ADR as if you lose your case in court, you may be ordered to pay the other side’s legal costs which can amount to tens of thousands of pounds.

Final words

If you believe you have been excluded from benefiting from a Will, the first step to take is to instruct an experienced, compassionate, knowledgeable Wills and Probate Disputes Solicitor to provide advice and representation. They will ensure your best interests are protected and, as much as possible, try to preserve family relationships. To talk to us about bringing a claim under the Inheritance Act 1975, please call 024 7664 1642 or fill in our contact form.