What is an Inheritance Act Claims?

The Inheritance (Provision for Family and Dependants) Act 1975 enables certain classes of people to make a claim against the estate of the deceased if they feel the deceased’s will does not make sufficient provision for them, or if the deceased died without leaving a will. In these circumstances, a person can make a claim under the Inheritance Act for a financial award from the deceased’s estate.

To bring a claim, a person must be one of the following:

– the spouse / civil partner of the deceased;
– the former spouse / civil partner of the deceased who has not remarried or entered into a further civil partnership;
– living with the deceased for at least two years prior to their death;
– the deceased’s child (which includes an adult child);
– treated as the deceased’s child, including but not limited to someone who was adopted by, fostered by or a step-child of the deceased; or
– being ‘maintained’ by the deceased.

With the exception of a spouse or civil partner, a claimant is only entitled to sufficient financial provision as required for their maintenance.