How To Make A Claim Under The Inheritance Act 1975

Being left out of a Will when you were expecting to benefit is a devastating experience that many people face. One of the most common reasons is the growing number of blended families. A typical scenario involves a parent and stepparent drawing up mirror Wills leaving everything to each other upon their death. The children of the deceased parent believe their stepparent will ensure they are left something in his/her Will; however, they are shocked to discover that their stepparent created a new Will during their lifetime and the stepparent’s biological/adopted children are the sole beneficiaries.

Depending on the circumstances, if you have been left out of a Will, you may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975 (The Inheritance Act 1975). To find out how, read on or call one of our Wills and Probate Disputes Solicitors.

What is the Inheritance Act 1975?

The Inheritance Act 1975 allows certain people to make a claim against a deceased person’s estate if they believe the Will, or the lack of a Will, does not make “reasonable financial provision” for them.

Under Section 3 of the 1975 Act, the Court will take into account the following factors when deciding whether a reasonable financial provision has been granted:

1. the financial resources and financial needs which the applicant has or is likely to have in the foreseeable future;
2. the financial resources and financial needs which any other applicant has or is likely to have in the foreseeable future;
3. the financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future;
4. any obligations and responsibilities which the deceased had towards any applicant or beneficiary of their estate;
5. the size and nature of the net estate of the deceased;
6. any physical or mental disability of any applicant or beneficiary of the estate of the deceased;
7. any other matter, including the conduct of the applicant or any other person, which in the circumstances of the case the court may consider relevant.

It is important to remember that ‘reasonable financial provision’ does not necessarily mean equal shares of the estate. Instead, if the application for provision is successful, the amount awarded will depend on consideration of the section 3 factors.

Who can make a claim under the Inheritance Act 1975?

Under the Act, the following categories of people may be eligible to claim:

• Spouses or civil partners of the deceased.
• Former spouses or civil partners who have not remarried or entered into a new civil partnership.
• Cohabitees, specifically those who lived with the deceased for at least two years immediately before the death.
• Children of the deceased, including adult children.
• Persons who were treated as a ‘child of the family’, for example, stepchildren.
• People who were maintained wholly or partly by the deceased immediately before death.

How can I make an Inheritance Act 1975 claim?

The first, and key, question the Court will ask in anInheritance Act 1975 claim is “has the deceased’s estate made reasonable and financial provision for the class of the potential applicant by the standard applicable to that applicant?”. To succeed in a claim, the Claimant must demonstrate that the deceased’s Will does not make reasonable financial provision for them.

In the case of Ilott v Mitson [2017] UKSC 17, Heather Ilott, an estranged daughter, brought a claim against her late mother’s estate. Her mother had left the entirety of her estate to three charities, leaving no provision for Heather.

Initially, Heather was awarded £50,000 out of a total estate of £486,000, with the residue passing to three national charities. The award was increased by the Court of Appeal to £143,000 to enable her to buy her housing association home, plus an option to receive a further £20,000. The charities appealed to the Supreme Court, which restored the District Judge’s original award. The Supreme Court highlighted that ‘reasonable financial provision’ should focus on maintenance and not necessarily improving the Claimant’s financial position.

Heather Ilott was able to demonstrate to the Court financial need. Married with five children, she lived on benefits and was entitled to purchase her housing association house but could not afford to do so. In contrast, the two Claimants in Miles v Shearer [2021] EWHC 1000 (Ch), who were the adult children of the deceased, had their claim refused because:

1. The deceased had advised both children that they would receive no further financial assistance from him following a substantial gift in 2008. Given this fact, the Court ruled that the deceased had no obligations or responsibilities towards the Claimants at the time of his death, and
2. Neither Claimant had been able to demonstrate a financial need for maintenance which they could not meet by changing their lifestyle.

Miles v Shearer illustrates that claims under the Inheritance Act 1975 are not guaranteed to succeed and that each case is determined on its unique set of facts.

Is there a time limit for bringing a claim under the Inheritance Act 1975?

Yes, a claim must be brought within six months from the Grant of Probate. However, the Court can grant permission for a claim to be made outside of this time limit if certain circumstances are satisfied.

What provisions can the Court award under the Inheritance Act 1975?

If a claim is successful, the Court has broad discretion in determining the appropriate financial provision to be awarded. This may include a lump sum payment, periodic payments, the transfer of property, or other forms of financial provision.

Wrapping up

Making a claim under the Inheritance Act 1975 comes with risks, including having to pay the other side’s costs if you lose your case. Therefore, most claims are settled through alternative dispute resolution methods such as mediation or negotiation. The most key step for potential Claimant’s to take is to instruct an experienced, compassionate, knowledgeable Wills and Probate Disputes Solicitor to provide advice and representation. They will ensure your best interests are protected and, as much as possible, try and preserve family relationships.

If you have any questions regarding anything covered in this article, please call us on 02476 231000 or email enquiries@askewslegal.co.

Please note: this article does not constitute legal advice.