Inheritance Act Claims

In times of grief, dealing with financial uncertainty and navigating an Inheritance Act claim can feel overwhelming. At Roythornes, we’re here to ease that burden. With our experienced inheritance disputes team, we’ll provide tailored guidance and compassionate support to help you secure the financial provision you need while giving you peace of mind.

We have expertise in both making and defending Inheritance Act claims and offer valuable advice to guide you through the process, anticipating and minimising the effect of delays and objections. Our substantial experience means that we can act promptly, thereby giving you the greatest chance of making a successful claim.

Our team prioritises conflict resolution through mediation and other forms of alternative dispute resolution, helping to preserve relationships and minimise costs wherever possible, saving you time and mitigating stress throughout what can be a complex process.

At Roythornes, our Inheritance Act claim solicitors regularly help individuals find financial support in the wake of their loved one’s passing, including offering:  

• Making an Inheritance Act claim
• Help for beneficiaries of estates facing an Inheritance Act claim
• Executor assistance in Inheritance Act claims

Get in touch with our Inheritance Act claims solicitors

For bespoke legal support and the chance to discuss an Inheritance Act claim, please contact our team in Alconbury, Birmingham, Nottingham, Peterborough or Spalding.

Our team also supports clients with cross-border inheritance issues, leveraging our international expertise to provide comprehensive advice on complex estates.

Our Inheritance Act claims law expertise

Making an Inheritance Act claim

Under The Inheritance (Provision for Family and Dependants) Act 1975, certain individuals who have not been included in a Will or have not been left with reasonable financial provision may be able to bring forward a claim.

Our specialist Inheritance Act claim solicitors will review your circumstances and potential eligibility for bringing your case forward, using their experience and expertise to advise you on the best course of action. If we believe that you are entitled to make an Inheritance Act claim, we can proceed to support you during any following negotiations.

Help for beneficiaries of estates facing an Inheritance Act claim

If you are a beneficiary facing a claim for financial assistance against an estate, our specialist team can help. We’ll assess the validity of the claim and provide clear advice on the likely outcomes, working to minimise disruption to the estate while protecting your financial interests.

These types of claims can be typically settled before court proceedings, and we have a track record of achieving favourable settlements where our clients do not have to pay too much.

Our specialist private wealth disputes team will protect your financial interests during the Inheritance Act claim procedure whilst we defend the action and design a tailored strategy to try and avoid you or the estate from paying the applicant’s legal costs.

Executor assistance in Inheritance Act claims

If you have been named as an Executor of a Will, then you are under an obligation to remain neutral to avoid the risk of failing to recover costs from the estate or ending up having to personally pay somebody else’s costs.

As an Executor, maintaining neutrality during an inheritance dispute can be challenging, particularly when you feel the estate's intentions may not align with the claim being made. Our experienced solicitors will guide you through your obligations, ensuring you comply with legal requirements while safeguarding the integrity of the estate.

Frequently asked questions about Inheritance Act claims

What is an Inheritance Act claim?

A claim under the Inheritance Act enables someone to request financial support from an estate by claiming that they were not left with adequate provision. This claim will be made under the Inheritance Act 1975, also known as the Inheritance (Provision for Family and Dependents) Act 1975.

Our solicitors understand how challenging these situations can be and are here to offer clear, compassionate guidance every step of the way.

How do you make an Inheritance Act claim?

To make an Inheritance Act claim, you’ll need to follow several important steps that our expert solicitors can help you with:

• Determine eligibility: establish your relationship with the deceased and confirm your legal standing.
• Assess financial needs: demonstrate that your current provisions do not satisfy your financial requirements.
• Engage in mediation: most claims are resolved through mediation, which will save you money and preserve relationships by avoiding court proceedings.
• File a court claim (if necessary): if mediation is unsuccessful, you may need to proceed to court for a judge to make a final decision.

When can an Inheritance Act claim be made?

An Inheritance Act claim can be made in a number of circumstances, including:

• In situations where you have been left out of the Will of your spouse, parent, partner, or close relative who financially supported you prior to their passing
• If you have been left something in the Will, but it is not enough to support you financially
• The deceased died intestate (that is, without making a Will), and so through intestacy law, you did not receive enough financial contribution
• If you can claim reasonable financial provision as defined by the law, meaning that the deceased was expected to contribute towards your living costs

Who can claim under the Inheritance Act 1975?

The following individuals will be able to make a claim:

• The spouse or civil partner of the deceased
• A former spouse or civil partner of the deceased (as long as they have not remarried or entered into a subsequent civil partnership)
• A person who was living with the deceased as if they were a spouse or civil partner (for at least two years before the death)
• A child of the deceased
• A person who was treated as a child of the family by the deceased (step-children, for example)
• Any other person who was being maintained by the deceased immediately before their death

What is the time limit for an Inheritance Act claim?

There is an inheritance claim time limit, which means that you must instigate proceedings within 6 months of the issue of a grant.

Why is it important to act quickly in an Inheritance Act claim? 

Acting promptly in an Inheritance Act claim is crucial due to the strict 6-month time limit in place. Extensions to this period are rare and require court permission, so it is essential that you do not waste any time.

Filing early ensures compliance with the deadline and increases the likelihood of securing financial provisions before the estate is distributed, which could otherwise significantly complicate proceedings.

Rest assured that our solicitors can help you act fast and effectively. They boast extensive experience in handling time-sensitive claims and will guide you through the process to achieve the best possible outcome efficiently.

Why choose Roythornes’ Inheritance Act claim solicitors?

At Roythornes, we know how difficult it can be to manage legal and financial matters during a time of loss. Our compassionate team will take the time to understand your unique circumstances and provide clear, tailored advice to secure the provisions you need.

Our goal is always to resolve disputes constructively and amicably, preserving your relationships when possible. Nevertheless, we are expert litigators and can provide firm, tactical representation in court when needed to protect your interests.

As experts in private wealth law, we are in the perfect position to support you. We are Lexcel accredited, a testament to our fantastic standards of service and client care, and we are also members of STEP (Society of Trust and Estate Practitioners).

Our private wealth team consists of highly trained experts who hold various prestigious accreditations, committee positions, and memberships. Gavin Faber is part of the Birmingham Law Society Private Client Committee, as well as being a Committee member of Birmingham STEP branch and full member of ACTAPS. Gavin is also a Leading Partner in the Legal 500 and holds a Band 1 ranking in Chambers. Leah Merrifield and Emily Parry are members of the Contentious Trusts Association (CONTRA), and Jak Ward is recognised by the Legal 500 as a Next Generation Partner in the East Midlands region for Contentious Trusts and Probate work.

Get in touch with our Inheritance Act claims solicitors

For bespoke legal support and the chance to discuss an Inheritance Act claim, please contact our team in Alconbury, Birmingham, Nottingham, Peterborough or Spalding.

Our team also supports clients with cross-border inheritance issues, leveraging our international expertise to provide comprehensive advice on complex estates.