January 20, 2025
When The Wanted's Max George recently shared that he wrote his final wishes on his phone while in hospital, it caught the attention of many.
Inheritance Act Claims
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 lump sum or periodic payments from the deceased's estate in cases where you were not given a gift within their will. 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.
Eligibility to claim in these cases can be complicated, and you may need 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. Our team has a wealth of experience in helping eligible parties to make Inheritance Act claims - from supporting them in making their application to representing them in court proceedings, and offering support during an appeal.
Get in touch with the team at Switalskis to learn more about whether or not you're able to claim, and how we can help you during the process. Call us on 0800 138 0458 or get in touch via our website.
An Inheritance Act claim can be stressful, especially if you're not sure about the outcome. The solicitors at Switalskis understand the uncertainty that comes with letting a court decide whether you're owed financial provision, and how much. 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’re ready to provide emotional and legal support throughout the process, and we’ll take on the bulk of the legal responsibility for your claim so you can focus on the other things that are important. We’ll explain any legal complexities to empower you to make any decisions you need to make 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.
IAn Inheritance Act claim allows certain individuals to challenge a will or the distribution of an estate if the will (or intestacy rules, if there was no will) fails to make "reasonable financial provision" for them. It is a legal claim brought under the Inheritance (Provision for Family and Dependants) Act 1975 that can be made by children and other family members. It can also be made if you were financially dependent on someone who has died, and their will doesn't make reasonable financial provision for you (meaning that you don't inherit any money, or enough money to support yourself).
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 in the will of a person on whom you were financially dependent. 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.
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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 , or send us a message through our website to explore the possibility of an Inheritance Act claim today.