The period after a loved one dies can be filled with grief and uncertainty, but it can be especially difficult if you haven't been left any inheritance or financial provision to support yourself. For spouses, civil partners, children and others who were financially dependent on the person who died, this can lead to worries about your financial security.
In these cases, you may be entitled to make a claim for reasonable provision under the Inheritance (Provision for Family and Dependants) Act 1975. Such claims may entitle you to a sum of money from the deceased's estate. Especially if you are not due to receive anything under their will or the rules of intestacy. This can help you rebuild your life after the passing of your loved one, whether you use the money for alternative accommodation or to help with day-to-day life.
These cases have a strict limitation period of six months from the date of the Grant of Probate. You may also need to gather significant evidence. As such, it's vital to secure legal advice from an expert before launching a claim. Here, the inheritance disputes experts at Switalskis can help.
Dealing wiht an Inheritance Act claim can be stressful, especially if you're home or financial security is at stake. At Switalskis we understand the stress that this uncertainty can bring. That's why we start the process by discussing your situation in detail - it means we can offer a realistic assessment of your eligibility and what you should expect from the process. This also allows us to tailor our legal services to your specific requirements.
We’ll explain any legal complexities to empower you to make informed decisions about your claim. Switalskis will stand by you to protect your rights throughout the claims process and provide the strongest possible evidence to support your claim for reasonable financial provision.
Switalskis also has expertise in defending Inheritance Act claims, and can support beneficiaries thanks to our wealth of experience in this area of the law.
An Inheritance Act claim allows certain individuals to ask the court to make "reasonable financial provision" for them.
What is classed as a "reasonable financial provision" will depend on many factors, such as your relationship with the deceased, and your financial position, and/or any special needs you may have relating to your health. This includes your future financial and housing needs.
Eligibility rules for bringing inheritance act claims are judged on a case-by-case basis, so it's not always clear who is entitled to claim or how much financial provision they can ask for. As such, it's important to speak to a legal professional about such financial provision claims before starting the process, and get some information about what to expect.
The Inheritance Act 1975 specifies who is eligible to bring a claim - although, your eligibility is determined by all the circumstances of the person's will and their death, so this is not always straightforward. Parties who are usually able to make Inheritance Act claims include:
Those who do not fit into the above categories are typically ineligible to claim, but you should speak to a solicitor about your circumstances to learn more about your legal rights.
To succeed in a claim, you must demonstrate that reasonable financial provision has not been made for you and that this resulted in an unfair outcome. You may need to demonstrate that you depended financially on the deceased immediately prior to their death, however this is not required for all claimants. At Switalskis, we appreciate that each case is fact-specific.
Finally, you may have to prove that you have a legitimate need for financial support, considering your relationship to the deceased, your financial circumstances, as well as the financial circumstances of other beneficiaries. The court will also consider the size and nature of the deceased’s persons estate.
The court considers "reasonable financial provision" differently depending on the applicant's relationship with the deceased. For spouses or civil partners, the standard is such financial provision as would be reasonable for their maintenance, or their expected share of the estate had divorce proceedings occurred. For others, this may be more limited and is usually dependent on your financial circumstances.
When assessing a claim, the court examines:
Claims must be made within six months of the date that a grant of probate or letters of administration have been issued. While extensions may be possible, this is at the court's discretion and is only granted in exceptional circumstances. As such, it's best to take action at the earliest opportunity and start an Inheritance Act claim as soon as possible to secure your financial future and avoid missing any deadlines.
When someone passes away, finding out that you’ve been left out of their will - or that the contents don’t reflect what you were led to expect - can be deeply upsetting. For many, this concern only becomes real after the probate process begins and a copy of the will becomes available.
When you lose someone close, the last thing you expect is to become involved in a legal dispute over their estate. Yet for many families, inheritance disputes arise unexpectedly in these circumstances. It may be because a will seems out of character, incomplete or improperly executed. You may be worried the document doesn’t reflect the deceased’s wishes, or that a loved one was pressured into signing something under undue influence.
Even if you have genuine concerns about whether or not a will reflects the deceased person's wishes, the law in England and Wales sets out strict rules about who can bring a claim, and what circumstances can give rise to a valid challenge. If you are in this position, you might be worried about whether you have any rights at all, or whether taking action will only make things harder. However, understanding how the process of challenging a will works is the first step towards deciding what legal steps you can take next.
We examine proposed Wills Act reforms and the risk they may increase probate disputes. Key changes, like electronic wills and reduced formalities, could lead to confusion over testators’ intentions.
A claim under the Inheritance Act can have a significant impact on your financial future, and it's vital to approach the process carefully to give yourself the best chance at a successful outcome. At Switalskis, we know just how sensitive and emotionally taxing claims for reasonable provision can be, especially during a time of grief. As such, we approach every potential Inheritance Act claim with the same client-centric basis founded on the following commitments:
Claiming for financial provision can be difficult and sometimes involves a complicated legal process. You need expert legal support to make sure your financial needs are met, and Switalskis can help by breaking the process down into the simplest possible terms. We'll explain any terminology and let you know what you need to do, to empower you to make the right decisions about your claim..
We know how tough it can be when you find out that a loved one hasn't made a reasonable financial provision for you in their will, or that you've been completely left out. Our solicitors do more than offer vital legal support and representation. We're also good listeners, and we'll lend an ear during the process to help you deal with the emotional side of things, as well as your legal needs.
A successful Inheritance Act claim is only possible with the right legal support. The team at Switalskis has a wealth of experience in contentious probate cases and inheritance disputes, which means we know what to expect from claims for reasonable financial provision. We've been through the process on both sides, so we know who's eligible to claim and what evidence you'll need to provide to secure the financial provision you're owed.
If you have not received reasonable financial provision in a loved one's will, you may have the right to claim under the Inheritance Act. In these cases, Switalskis will stand by your side throughout the process to protect your rights and make sure your financial needs are met. We'll also present all of the evidence we can to maximise the financial provision you receive.
Securing financial support after you've been left out of a will is extremely difficult, but there may be legal options that can help you. If you're considering a potential claim for reasonable financial provision, you need to know whether you're eligible and get the process started. There are strict time limits, so you should act quickly and get in touch for a free initial consultation as soon as you can.
Call on 0800 1380 458 or send us a message through our website to explore the possibility of an Inheritance Act claim today.
