Inheritance Act Claims

Where one party to a relationship dies the survivor may be able to make a claim to the Court if the Will did not make reasonable financial provision for them or if there was no Will the rules on intestacy do not make reasonable provision.

The current rules on intestacy are not necessarily straightforward and various situations can arise depending on the value of the estate, whether there are children or brothers, sisters or surviving parents. The Probate Service sets these out in simplified form  - click HERE for these.

A claim can be brought for reasonable financial provision from the estate by surviving wife, husband, civil partner or cohabitee if they have been living together either as husband and wife or in the same household for at least two years before death and have been maintained by the deceased.

If successful in establishing the criteria for making an application and that insufficient provision has been made the Court has power to order provision from the estate.

Such claims can be costly and if successfully brought costs are usually paid from the estate diminishing it further.

This is another area of law with important consequences and where advice needs to be taken early if you think you might be affected because there is a strict time limit for bringing a claim. It also highlights the need to make a Will.

We can help with making a Will and bearing in mind the value of assets if you own a property the cost of approximately £75 to £150 is modest.


Please call us on 01726 68926 for a discussion without cost or obligation