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Claiming under the Inheritance Act of 1975

It can be disappointing to learn that you have been left out of a Will or that a Will does not adequately financially support you. Depending on your relationship with the deceased, it may be possible to make an inheritance act claim under the Inheritance (Provision for Family and Dependants) Act 1975.

There are other situations where an inheritance act claim may be necessary, such as where no Will was in place, meaning you may not have received the inheritance you expected or potentially at all. 

At Glanvilles, our solicitors specialise in all manners of inheritance act claims, from those situations which are more straightforward to other matters more complicated. No matter your position, our team are devoted to assisting you.

Our solicitors recognise how difficult it can be to bring a claim forward, but we will always ensure you are completely comfortable through the entire process by providing close personal support and the utmost sensitivity throughout.

Our inheritance act services include the following:

  • Legal advice for inheritance act claims
  • Making an inheritance act claim  
  • Appeals for unsuccessful inheritance act claims

Our solicitors will take the time to carefully understand your particular situation and what you would like to achieve when making a claim. With our solicitors, you can rest assured we will help navigate during this difficult time by providing a bespoke service with carefully tailored legal advice.

Get in touch with our inheritance tax claims solicitors in Chichester, Fareham and Havant

Contact our expert domicile and residence solicitors in ChichesterFareham or Havant or fill in our simple online enquiry form for a quick response.

The Glanville guide to inheritance act claims

What is the inheritance act 1975?

The Inheritance Act 1975 was introduced to allow certain people that have been left out of a Will or have not received a sufficient amount, to make a claim against the estate in hopes of receiving the inheritance they are looking for. The act can also apply where a Will was not written.

Who can make an inheritance act claim?

Those who are able to make an inheritance act claim include:

  • Spouses
  • Civil partners
  • Children, including adopted children and stepchildren
  • A former spouse or civil partner – this is only possible if they have not remarried
  • Someone living full time with the deceased person for at least two years prior to their death
  • Any person who relied on the deceased for financial support

Is there a time limit to claim inheritance?

Yes, there is a time limit when claiming under the inheritance act. Once probate has been granted, the claimant must bring forward the inheritance act claim within 6 months. There are certain circumstances when the claim time limit can be extended, but the claimant must prove that there is a reasonable reason for the delay.

For this reason, if you believe you have an inheritance act claim, it’s essential to act swiftly for the best chance of success.

Do Inheritance Act claims settle?

There is no guarantee that an inheritance act will be successful. However, if it is found there was no reasonable financial provision made, the claimant will be entitled to a settlement, whether this is done through ADR or via court.

What considerations does the court make during an inheritance act claim?

When a claim under the inheritance act is brought in front of a judge, there will be several considerations to be made to prove the deceased did not provide reasonable financial provision. These considerations include:

  • The value of the estate
  • The length of the relationship between the deceased and claimant
  • The claimant and other beneficiaries’ financial needs
  • The deceased’s obligations towards the claimant
  • Any disadvantages the claimant may have. For example, disabilities

What is "reasonable financial provision”?

For an inheritance act claim to be successful, it must be proved that it is entirely reasonable to expect the deceased person to meet the claimant’s financial needs.

How we deal with inheritance act claims

Legal advice for inheritance act claims

If you believe you are eligible to claim under the inheritance act, it’s crucial to seek legal advice from a specialist solicitor who can take the time to assess your situation and determine the likelihood of it being a successful inheritance act claim.

For an inheritance act claim to be success, it must be proved the deceased’s Will did not provide reasonable financial provision. Proving this can be difficult, but having guidance from an inheritance act solicitor will help determine whether this is possible and exactly how it can be proved.

When you choose to work with the Glanvilles inheritance act solicitors, we will take the time to carefully understand your personal situation concerning your loved one’s estate and the impact it has had on you.

Making an inheritance act claim 

If there is a likelihood of success, the next phase of the inheritance act claims process is to proceed forward with initiating the claim. It is essential to acquire legal support to guarantee everything has been done correctly, so you have the best chance of success.

Involving court is not always necessary, and our inheritance act claims solicitors will always encourage to approach matters in a non-contentious way through out-of-court resolution, such as private negotiation and mediation.  

Should you need assistance from a judge, our solicitors will assist you in producing a robust argument that clearly demonstrates that reasonable financial provisions were not made by the deceased or the rules of intestacy if there was no Will. Should you need representation in court, our solicitors have years of collective experience and a strong track record of getting the desired outcome.

Appeals for unsuccessful inheritance act claims

It can be disappointing if your claim turns out to be unsuccessful, but this doesn’t mean the decision can’t be appealed.

Our inheritance act claim solicitors in Chichester, Fareham and Havant can assist you with the appeals process, taking the time to reassess the facts and create a robust argument with strong supporting evidence. We can also assist with unsuccessful claims pursued individually or initially done with a different solicitor.

Why choose Glanvilles’ inheritance act solicitors?

Our solicitors have years of collective expertise. We strive to provide a personalised service and always work proactively to ensure everything has been done correctly.

At Glanvilles, our solicitor’s exceptional client care and the management of our practice have been awarded through the Law Society’s Lexcel accreditation, reflecting our dedication to providing top-quality service and helping to provide our clients with complete reassurance over our abilities.

The Glanvilles’ client service promise

When you use our inheritance acts claims service, we promise:

  • Our staff will be friendly, respectful and attentive.
  • Your concerns will be listened to, your questions answered, and your options explained in plain English.
  • The cost of dealing with your requirements will be made clear to you from the outset.
  • We will answer your phone calls and emails promptly.
  • We will keep you regularly updated at all times.

Get in touch with our expert solicitors in Chichester, Fareham and Havant

Contact our highly experienced private client solicitors in ChichesterFareham or Havant or fill in our simple online enquiry form for a quick response.