Inheritance Act Claims: Have You Been Unfairly Treated?

Are you struggling with the loss of a loved one who has left you little or nothing in their will?

If you believe you were unfairly treated or overlooked in the deceased person’s will, you may be eligible to make an Inheritance Act Claim.

Who can make an Inheritance Act claim?

• Spouse or civil partner
• Children (biological, adopted, or stepchildren)
• Dependents
• Estranged adult children (as demonstrated in the Ilott v Mitson case)

What are the grounds for a claim?

• The deceased person’s will or the intestacy rules have not made reasonable financial provision for you.
• You have a legitimate need for financial assistance.

Factors considered by the court:

• Your financial needs
• The size and nature of the deceased person’s estate
• Your relationship with the deceased
• The deceased person’s intentions and reasons for their testamentary wishes
• The financial needs of other dependents if applicable and the named beneficiaries.

Time Limit for Inheritance Act Claims

• Generally: You must make your claim within six months from the date the executor or administrator obtains a Grant of Probate or Letters of Administration.
• Section 4 of the 1975 Act states that an application must be made within six months from the date on which representation with respect to the estate is first taken out. In other words, once the executor named in the deceased’s will has obtained a Grant of Probate, a person has six months to make their claim. The same rule applies in the case of intestacy.

Bringing Inheritance Claims out of Time

Inheritance Act Claims can in some instances be brought after the limitation period has expired. In all cases dealing with the exercise of the Courts discretion to permit a claim to proceed outside the six month time limit start with reference should be made to the six considerations established in the case of Megarry VC in Re Salmon [1981] Ch 167, which Mr Mitchell summarised as follows:

1. the discretion is unfettered, and is to be exercised judicially and in accordance with what is just and proper
2. the onus is on the claimant to establish a substantial case for the claim to proceed despite the normal rule, which Megarry VC said was “no triviality”, noting that the rule was a substantive provision and not a mere procedural time limit imposed by rules of court which might be treated with indulgence
3. it is material to consider how promptly and in what circumstances the claim has been brought outside the time limit
4. it is material to consider whether negotiations were commenced within the time limit, or whether any delay after the expiry of the limit may be accounted for by negotiations
5. it is relevant to consider whether the estate has been distributed before a claim under the Act has been made or notified
6. it is relevant to consider whether the claimant has any other redress, for example against advisers, if permission is refused

Don’t let injustice prevail.

Contact Clodes Solicitors today for expert advice on Inheritance Act Claims.