Inheritance Act Claims 

An inhertiance act claim is an application made by a person seeking to be either a beneficiary of the deceased’s estate or a larger beneficiary. It is not a challenge to the validity of the deceased’s will nor is it a claim against the estate. It should be viewed as a redistribution of the estate between the beneficiaries of the estate under the existing will or rules of intestacy and the applicant.

The applicant will alleged that the the deceased did not make reasonable financial provision for the applicant. It could be that the applicant takes under a clause in the deceased will but claims that the provision is not reasonable or it maybe that the deceased has made no provision for the applicant. These applications are brought under the Inheritance (Provision for Family Dependents) Act 1975.

Key Points:

• Claims can be made if you believe you have not received reasonable financial provision from a deceased person’s estate.
• The claim does not challenge the validity of the Will, but seeks a fairer distribution.
• Strict time limits apply (6 months from the grant of representation).

The case of Ilott v The Blue Cross and Others is a leading authority on the application of the Inheritance Act 1975 and demonstrates the court’s approach to claims by adult children.

In this case, the deceased, Mrs Jackson, left her estate (valued at approximately £500,000) entirely to three animal charities, excluding her estranged adult daughter, Mrs Ilott, from any benefit. The estrangement had lasted for over twenty-six years, following a family dispute. Mrs Ilott, who was in straitened financial circumstances and largely dependent on state benefits, brought a claim under the Inheritance Act for reasonable financial provision.

The charities opposed the application, and the case proceeded through several levels of the court system, ultimately reaching the Supreme Court. The Supreme Court held that, despite the lack of contact and the fact that Mrs Ilott was an independent adult, she was entitled to reasonable financial provision from her mother’s estate. The Court emphasised that “maintenance” under the Act means the provision of income rather than capital, and that the needs of the applicant must be balanced against the wishes of the deceased and the interests of the beneficiaries.

The Supreme Court found that the initial award of £50,000 was insufficient, particularly as it failed to consider the impact on Mrs Ilott’s entitlement to state benefits. The award was increased to £143,000, structured to allow Mrs Ilott to purchase her home and receive a further capital sum of £20,000, with the arrangement designed to preserve her benefits.

This case is significant as it confirms that adult children can succeed in claims for reasonable financial provision, but also that the court retains a wide discretion and each case will turn on its own facts. The Supreme Court made clear that there is no general obligation for parents to provide for adult children, and that the wishes of the deceased remain an important consideration. The case also highlights the importance of structuring awards to take account of the applicant’s overall financial position, including the impact on state benefits.

For further advice or to discuss a potential Inheritance Act claim, please contact our specialist Wills and Probate team on 02920 765050 or click here.