Inheritance Act Claim: Can I Contest a Will if I Was Left Out?
Posted on in Dispute Resolution
Processing the passing of a family member is an emotionally challenging time. In a period fraught with emotion, managing a loved one’s affairs and ensuring their final wishes are carried out can feel deeply personal – often forming an important part of the grieving process.
Discovering that you have been left out of a will , or receiving substantially less than you had anticipated, can be extremely distressing. It may raise difficult questions around fairness, financial security, entitlement and your future. It can therefore be reassuring to know that, in certain circumstances, there are routes available to contest a will - particularly where the outcome leaves someone without the financial support they reasonably expected.
This insight is the first in our new series exploring the different avenues to contest a will, beginning with claims made under the Inheritance (Provisions for Family and Dependants) Act 1975.
What is the Inheritance (Provisions for Family and Dependants) Act 1975?
The Inheritance Act looks to protect those who were financially dependent upon the deceased, and would suffer a detriment to their daily life without the continuing support they once enjoyed or need. It allows eligible individuals to apply to the court for financial provision where a will – or the rules of intestacy – fails to meet their needs.
Who can claim under the Inheritance Act?
The Inheritance Act sets out a defined list of individuals who may bring a claim, which includes spouses and civil partners, former spouses and former civil partners, cohabitees, children (including adult children) and anyone who was being maintained financially by the deceased immediately before their death.
What is “reasonable financial provision”?
The key question in any Inheritance Act claim is whether or not the Deceased’s will (or intestacy) failed to make “reasonable financial provision” for the applicant. If it did not, the court must consider whether provision should be made, and if so, what form that provision should take. Given that there is no maximum award size, this has led to some extremely large awards in the case of very wealthy individuals.
Broadly, reasonable financial provision refers to the financial support necessary for a claimant to maintain their current living standard with reference to a number of statutory factors. These include (but are not limited to) the size and nature of the estate and the financial needs and resources of other beneficiaries.
The Act incorporates two standards of provision depending on the applicant’s relationship with the deceased:
1. For a claimant who is the spouse or civil partner of the deceased, the provision required is such financial provision as it would be reasonable for them to receive, not limited to maintenance.
To address this question, the courts often look at what might have happened in divorce proceedings, reflecting the general principle of fairness and the sharing of matrimonial assets.
2. In the case of any other claimant, the standard is such financial provision as it would be reasonable for the applicant to receive for their maintenance.
This involves assessing the applicant’s income and expenses, and predicting what financial support they might need for the future.
What should I do if I think I need to make an Inheritance Act claim?
As with any claim where you are looking to contest a will, time is of the essence. Inheritance Act claims must usually be issued within six months of the grant of probate, so it is important to act promptly.
If you believe you may have grounds for a claim - or are unsure whether the Act applies to your situation - seeking early specialist advice can help you understand your options and protect your position.
Every case is different, and a careful assessment of your circumstances is essential in determining whether or not to pursue a claim.
Our contentious probate team is accredited by the Association of Contentious Trusts and Probate Specialists (ACTAPS) and is highly rated for client satisfaction. We have the expertise to help you evaluate any potential claim you may have.