Inheritance Act Claims

A person is entitled to leave their estate to whoever they want. However, some people might reasonably expect to have a share of it.

The Inheritance (Provision for Family and Dependants) Act 1975 is a law to protect people who are financially dependent on another person when they die. It means that some dependants can claim against a Will that doesn’t provide a reasonable amount of inheritance for them.

As a general rule, the people who are covered by the Inheritance Act can include:

• A spouse or civil partner.
• Children (both minors or adults), including adopted children or someone who has been treated as a child of the marriage (step-children for instance).
• A former spouse or civil partner – if they have not remarried.
• Someone living continually with the deceased for at least two years before their death.
• Any person being financially maintained in some way by the deceased.

As a private client practitioner, you will come up against claims such as this, and you will need to know not only how such a claim is made but also the process for how to deal with these.

This session will consider what an Inheritance Act claim is, how they are made, timeframes for making a claim and the processes involved, as well as case law discussing in particular adult claims.

Learning objectives:

1. What is an Inheritance Act Claim
2. When can they be made
3. Responding to a claim
4. Protecting an estate
5. Case law