INHERITANCE ACT CLAIMS

People who are covered by the Act 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 such as a stepchild.
• a former spouse or civil partner (providing that 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 them.

Some common circumstances giving rise to a claim include:

• the deceased didn’t leave a valid Will.
• an estranged child or spouse has been left without any sort of financial provision.
• there was insufficient financial provision made for someone in the Will.
• a person’s financial needs have changed, either before or after the deceased’s death and the Will does not recognize this change in circumstances.

There are several things a court must consider when dealing with a claim under the Inheritance Act, including:

• your financial needs and resources.
• the size and nature of the estate.
• what obligations and responsibilities the deceased had to you.
• any disabilities you have, whether physical or mental, that make financial provision necessary.
• the needs and resources of those named in the Will and any others who have claims on the estate.
• in cases of spouses or civil partners, the time you were together.
• the conduct of the parties.

You have six months to make an Inheritance Tax claim, starting from the date probate was granted. In some circumstances, you may be able to apply to the court for an extension.

Our expert solicitors provide pragmatic legal advice delivered in a friendly and transparent manner. If you would like any further information or need advice, please speak with our contentious probate solicitors today. You can contact us today on 0161 669 4621 or by email on sbirchall@birchlaw.co.uk for a free no obligation chat.