Left out of a loved one’s Will? You may be able to claim under the Inheritance Act

A general principle under English law is that a person has ‘testamentary freedom’ to leave their property, assets and other wealth to whomever they please upon their death, and this can lead to instances where people feel that, for whatever reason, they have wrongly been left out of their loved one’s Will.

The Inheritance (Provision for Family and Dependents) Act 1975 was first introduced to deal with circumstances in which an individual has not been provided for following a person’s death when they feel they should have been.

The basis for bringing a claim

To bring a successful claim against the estate of the deceased applicants are only required to meet one ground, and that is to provide proof that reasonable financial provision has not been made.

What might constitute ‘reasonable financial provision’ varies from case to case. The court must consider a variety of factors and, though these will not be relevant to every class of applicant, there are several common considerations they are likely to make. These are:

1. An applicant’s future financial needs and resources, including earning capacity.
2. The future financial needs and resources of any other applicant, including earning capacity.
3. The future financial needs and resources of any beneficiary, including earning capacity.
4. The deceased’s obligations and responsibilities towards any applicant or beneficiary.
5. The size and nature of the deceased’s net estate.
6. The physical and or/mental condition of the applicant or any beneficiary.
7. Any other matter the court considers relevant, including the conduct of any party.

Who can make a claim?

According to the Inheritance Act, there are several different categories of people who are entitled to bring a claim. These include:

1. The deceased’s current or former spouse or civil partner, on the condition that they have not remarried or formed a new civil partnership.
2. The deceased’s current or former spouse.
3. A person who has lived in the same household as the husband, wife or civil partner of the deceased for a whole two years prior to the death.
4. Any child of the deceased, as well as anyone who is treated as a child of the family by the deceased due to a marriage or civil partnership.
5. Lastly, any other person who was being maintained – either wholly or partly – by the deceased immediately before their death.
   

How Blaser Mills Law can help

If you feel you have been unfairly left out of a deceased person’s Will, it is crucial that you see legal advice immediately.

There is a strict time limit of six months from the date of the grant of representation or probate – the document that gives an executor the power to start administering a Will – within which you can bring a claim under the Inheritance Act.

If you would like to discuss a possible claim, please do not hesitate to contact Sangita Manek on sam@blasermills.co.uk or call on 01494 770980.