The Inheritance Act 1975

Provision for family and dependants

Invocation of the Inheritance Act 1975 is the only real way of arguing that the Will does not give you your rightful share. The challenger must be eligible to claim under the Act, and must be able to demonstrate that immediately prior to the death of the deceased, that they were dependent upon them. This tends to be children and co-habiting couples.

The idea behind this act was summed up by Baroness Hale in the case of Macleod v Macleod in 2009. "It is contrary to public policy to cast onto the public purse an obligation which ought properly to be shouldered within the family," she said. In other words the court will have little sympathy for people being greedy and money grabbing.  

Under the Inheritance Act of 1975, a Will can be contested if the deceased failed to provide decent provision for their spouses and dependent children.  It also allows relatives to claim a portion of the estate, which can lead to the other beneficiaries being left less than they were originally allocated. Even a successful claim does not necessarily lead to the wishes of the Will being totally disregarded. Those mentioned in the Will are still likely to get a decent payout.

Claims must be made within 6 months of the date of the grant of representation, though the court does have the right to allow claims beyond this deadline this time. A claim can only be made however if the deceased died when living in England and Wales.

Who qualifies?

• The spouse/civil partner of the deceased
• The former spouse/civil partner of the deceased who has not remarried or formed another civil partnership
• A child of the deceased, or an adopted child of the deceased
• A person treated as a child of the family in relation to the marriage by the deceased
• A person who has been living in the same household as the deceased for two years or more ending immediately before the date of the deceased’s death

Reasonable financial provision factors

• The amount financially the applicant needs or is likely to need in the foreseeable future
• The amount financially any other applicant needs or is likely to need in the foreseeable future
• The amount financially which any beneficiary of the state of the deceased has or is likely to have in the foreseeable future.
• The size of estate of the deceased
• Any disabilities of the applicant for the provision or toward any beneficiaries of the estate of the deceased
• Any responsibilities and obligations of the deceased
• Any other matter the court may see as relevant

You should apply for an order under the Inheritance Act no later than six months after the date on which representation of the estate of the deceased is taken out, unless you have the permission of the court.  

Contentious probate — probate problems

Probate is the legal process of administering a will after death. This must only be done when the specific individual who drafted the will dies.

Contentious probate solicitors and you

A solicitor who practices in the field of wills and probate will undertake a variety of legal functions involving the wishes of the recently deceased.

Contesting a Will

Creating a trust is a way of monitoring and regulating the money, property, shares or other form of estate that is given to your beneficiaries.