Inheritance Disputes

In the England & Wales person in entitled to leave their estate to whoever they want, although there are some categories of people who might reasonably expect to receive a share of the estate. 

The Inheritance (Provision for Family and Dependent) Act 1975 allows dependents of the deceased to claim an inheritance from the estate if they were unhappy with the inheritance they were left with, were excluded from a Will entirely or simply feel they lost out under the rules of intestacy where the deceased left no Will. 

The people who may apply to make an Inheritance Act claim include: 

• the spouse of the deceased 
• a former spouse or civil partner who has not remarried 
• children the decease including minors and adults  
• a person living continually with the deceased for at least 2 years before their death  
• any person being financially maintained in some way by the deceased. 

The Inheritance Act claims are time sensitive, and you will typically need to bring a claim within 6 months of probated being granted, although there are some limited circumstances where you may be able to make a claim outside of this time limit. You should contact us at the earliest opportunity even if you are out of time, but you think you might still have a claim. 

The standard for reasonable financial provision will depend on the class of person wishing to make a claim. For a spouse a reasonable financial provision is such financial provision as it would be reasonable in all the circumstances of the case for a husband or wife to receive.  

For all other applicants, reasonable financial provision will be limited to maintenance only and this will depend on your individual circumstances by may cover things such as living cost, accommodation costs, university costs and other consideration. 

At Brar & Co we understand how sensitive an Inheritance Act claims can be and will work towards amicable resolution through an out of court settlement, saving you time and money. If settlement proves impossible, we offer strong expertise in taking claims through the court process.