At Brethertons, we understand how distressing it can be to find that your needs have not been sufficiently met in a loved one’s Will. On a similar note, we also appreciate how frustrating it can be if you are the administrator or executor of an estate that is subject to an Inheritance Act claim.
Our team are specialists in dispute resolution and litigation. This means that we are well positioned to support you with the process of handling an Inheritance Act claim, even where the matter at hand is highly sensitive. Our team will be on hand to provide bespoke support that helps you to reach the best possible outcome.
Our Inheritance Act claims solicitors are available to support anyone who needs further guidance on the Inheritance Act claim procedure, including advising on whether a claim is likely to be valid in the first instance. Whether you are bringing or defending an inheritance claim, our team will listen closely to your concerns and advise you on the most appropriate course of action.
Our experts can help with:
Why choose Brethertons for support with Inheritance Act claims?
- We are experts in dispute resolution before anything else.
- We work closely with our Wills, Trusts, Capacity and Probate team, we have a deep pool of resources to fall back on. This means that we are perfectly positioned to advise you on any matter related to claims under the Inheritance Act 1975.
- We always tailor our advice to your personal needs to make sure that we reach the most suitable solution.
- Our Inheritance Act claim solicitors can support clients up and down the UK through videoconferencing, email and face-to-face meetings to offer a highly personalised service.
- We will be on hand to advise on the even the most contentious Inheritance Act 1975 claims.
- Our team make sure to provide advice that is straightforward and jargon-free, helping you to clearly understand what steps need to be taken to secure a positive outcome.
Our services for Inheritance Act claims
Assessing an Inheritance Act claim
There will often be situations where it is difficult to comprehend exactly what you may have been entitled to inherit under a loved one’s Will. If you intend to bring an Inheritance Act claim, it is important that you understand whether you are likely to have the grounds to do so, and the level of evidence that will be required to make a claim.
On a similar note, if you are the executor of a Will and you believe that someone else is preparing to make an Inheritance Act claim, it is vital that you have a good understanding of the Will and whether the claim has any merit.
Our Inheritance Act solicitors can work with you to carefully review your circumstances, advising you on whether you will have sufficient grounds to make or defend a claim and the steps that need to be followed.
Raising an Inheritance Act claim
Once our team have assessed your situation and whether you will have grounds to make a claim, we can support you in pursuing an Inheritance Act claim.
The Inheritance (Provisions for Family and Dependants) Act 1975 allows certain eligible people to raise claims where they have not been left reasonable financial provisions. You may be eligible to make a claim if you are:
- A spouse or civil partner of the deceased
- An ex-spouse or civil partner (if you have not remarried or entered a new civil partnership)
- Cohabiting partner for two years prior to the death
- Children or stepchildren
- Anyone who was financially dependent on the deceased
If you believe you are eligible to make an Inheritance Act claim, our solicitors can guide you through the entire process from start to finish, ensuring that your rights are upheld and that you are able to achieve a positive outcome.
Defending an Inheritance Act claim
If you are executing a Will or administering an estate, finding out that someone is launching an Inheritance Act claim can be very disruptive. Equally, if you are a beneficiary of an estate and would lose out if an Inheritance Act claim is carried forward, it is important that you take the right steps to defending your position.
Our solicitors can provide you with the legal support you need to defend against an Inheritance Act claim, protecting your interests and helping you to reach a resolution as efficiently as possible.
Inheritance Act FAQs
What are the claims under the Inheritance Act?
Claims under the Inheritance Act allow some dependents to make a claim against a Will if they believe that a reasonable amount of inheritance has not been provided for them.
UK inheritance laws provide protections to any family members who have not benefited from a Will as they may have expected.
Who can make a claim under the Inheritance Act 1975?
It is important to note that not everyone is able to make an inheritance claim, even where they may believe they should have received more in a Will.
The following may be able to make an Inheritance Act claim:
- A spouse or civil partner of the deceased
- An ex-spouse or civil partner (if you have not remarried or entered a new civil partnership)
- Cohabiting partner for two years prior to the death
- Children or stepchildren
- Anyone who was financially dependent on the deceased
How long does an executor have to distribute funds UK?
In the UK, an executor or personal representative will have 365 days to administer the estate of the deceased and distribute the assets to the relevant beneficiaries.
How long does an Inheritance Act claim take?
Firstly, Inheritance Act claims must be launched within six months of the grant of probate (or the grant of letters of administration).
The time it takes for a claim to settle will depend on various factors, including whether court proceedings are required to reach an agreement. Some disputes can be settled in a matter of months, while others could take up to a year.
In every instance, our Inheritance Act claims solicitors will strive to ensure your case is handled as efficiently as possible, keeping time and costs to a minimum wherever possible.
What is reasonable provision under the Inheritance Act?
Claims under the Inheritance Act 1975 will take ‘reasonable financial provision’ into consideration. Reasonable provision will vary depending on a claimant’s relationship with the deceased, but it will usually include provisions in a Will that adequately meet a beneficiaries’ needs, particularly if they have been financially dependent on the deceased.
Consult our Inheritance Act claim solicitors in Banbury, Bicester and Rugby
To speak to our friendly and approachable Inheritance Act claims solicitors today, don’t hesitate to get in touch.
We have offices in Banbury, Bicester and Rugby, working with clients across Coventry and Warwickshire, the West Midlands, Oxfordshire and nationwide.
