Claims under the Inheritance Act
If you find yourself omitted from a Will or struggling with financial hardships due to the absence of a Will, you might have the potential to initiate an Inheritance Act claim.
Our expert solicitors are well-versed in Inheritance Act matters and possess substantial expertise in swiftly securing the highest feasible financial provision for our clients embroiled in Inheritance Act claims.
Understanding the Inheritance Act 1975
The Inheritance (Provision for Family and Dependants) Act 1975, commonly referred to as the Inheritance Act, furnishes individuals with the opportunity to pursue financial provision from an estate. Enshrined in law through an act of Parliament, this legislation extends the ability of specific individuals to lay claim to a share of a deceased individual’s estate.
A surviving spouse or civil partner is entitled to a measure of financial provision that aligns with reasonableness across all circumstances, regardless of its necessity for mere sustenance. In practice, this typically implies that a spouse or civil partner could anticipate enjoying a similar standard of living to what they experienced prior to their partner’s demise. Sometimes the court will look at how the parties to a marriage might have been provided for in the event of a divorce as a starting point.
For any other individual asserting rights under the Inheritance Act, the entitlement extends to reasonable financial provision that is essential for their maintenance, if the estate has the capacity to meet this obligation and provided it would not cause major hardship to other beneficiaries or those with particularly enhanced needs.
If you are looking to challenge a Will that was improperly executed or if you believe you were inadequately provided for, don’t hesitate to consult with our expert, Lewis Hastie.