The Inheritance (Provision For Family and Dependants) Act 1975 provides a route to challenging a Will where a person has been left out of a Will unfairly or there has been inadequate provision for that person. The Inheritance Act gives the courts a wide discretion to redistribute assets to produce a fair result where someone dies without making fair provision for family or dependents. Such persons include spouses; civil partners; former spouses or partners who were in receipt of maintenance; children; or others who were dependent upon the deceased.
Because the courts have discretion to do what is fair, each case is very dependent on its particular facts and outcomes are not easy to predict. Because of this uncertainty, those in charge of administering estates need to consider any challenge very carefully. They risk fighting a valid claim and losing both an award as well as payment of legal costs from the estate. Generally, it can be in everyone’s interests to resolve any conflict at an early stage without risking the value of the estate to legal and court fees. It is therefore important to take expert legal advice at an early stage to consider all your options and make the right decisions.
Claiming under the Inheritance Act
The grounds for a claim under the Inheritance Act are that the Will did not make reasonable financial provision for the applicant. Any application under the Inheritance Act must be made within six months of the Personal Representatives obtaining a grant of probate to allow them to administer the estate.
You must act quickly due to the six month time limit from the grant of probate.The team at Redress Law are experts in pursuing Inheritance Act claims with skill and perseverance and can carry out a free assessment of your case. Call us on 0292 0507 507 or click here to email us for a free no obligation assessment. We will be able to advise on the best means of funding and can generally accept cases on a no win no fee basis. We will fight your case with expertise and determination to ensure you obtain redress.
