Inheritance Disputes: Who Can Make a Claim and What You Need to Know

Under English law, individuals are generally free to leave their assets to whoever they choose. However, family life is not always straightforward, and this can result in close relatives or dependants being left without adequate financial support. In these circumstances, inheritance disputes may arise where a will fails to make reasonable financial provision for certain individuals.

The Inheritance (Provision for Family and Dependants) Act 1975 provides a potential remedy. Even where there is a valid will, or where someone dies without a will, certain individuals may be entitled to bring a claim for reasonable financial provision from the estate. You can read more about the legislation here:  Inheritance (Provision for Family and Dependants) Act 1975.

What are inheritance disputes?

Inheritance disputes arise when someone believes that a will or the intestacy rules have failed to provide them with reasonable financial support. These disputes often involve family members or dependants who feel they have been unfairly excluded or inadequately provided for.

Who can make a claim?

The law sets out specific categories of people who may be eligible to bring a claim:

• A spouse or civil partner of the deceased at the time of death
• A former spouse or civil partner (if they have not remarried or entered into a new civil partnership and no court order prevents a claim)
• A cohabitant who lived with the deceased for at least two years immediately before death
• A child of the deceased (including adult or adopted children)
• A person treated as a child of the family (such as a stepchild)
• Anyone who was being maintained, wholly or partly, by the deceased before death

What is reasonable financial provision?

In inheritance disputes, what amounts to reasonable financial provision depends on the applicant’s relationship to the deceased.

For most applicants, the focus is on maintenance – ensuring their day-to-day financial needs are met. However, surviving spouses or civil partners are in a stronger position, as they are not limited to maintenance alone. The court will consider what would have been reasonable if the relationship had instead ended in divorce.

The court will consider factors including:

• The size and nature of the estate
• The applicant’s financial needs and resources
• The needs of other beneficiaries
• The relationship with the deceased
• Any physical or mental health considerations

What powers does the court have in inheritance disputes?

If the court finds that reasonable provision has not been made, it has wide discretion to order appropriate remedies. These may include:

• A lump sum payment
• Regular financial payments
• Transfer of property
• A right to occupy a property
• The purchase of a home for the applicant

The court may also make interim awards in urgent cases. Outcomes are highly fact-specific and depend on the evidence presented in each case.

Time limits and acting quickly

Inheritance disputes must usually be brought within six months from the date of the grant of probate or letters of administration. Missing this deadline can make bringing a claim significantly more difficult, as permission from the court is required.

You can find further guidance here: Wills, probate and inheritance (GOV.UK).

It is therefore important to seek legal advice as early as possible and ensure relevant evidence is preserved.

Getting Legal Advice

What is set out above is a very brief summary of some general themes. Our Contentious Trusts and Probate team brings together specialists with many years of experience in this area of law including full members of ACTAPS (Association of Contentious Trust and Probate Specialists). If you require advice on a specific situation that you are involved in, please contact Jason Oliver in the first instance.

We publish blogs and social media posts to give a general overview of legal and commercial issues, relevant at the time of publication, which we hope you will find interesting. Please note that legal rules often change depending on the specific facts of a situation. The law also changes over time following changes in legislation or new court cases. We do not actively update our blogs or posts once they are published to reflect changes in the law.