I am unhappy with the way the one of my relatives wills was handled after they died? I think she meant for some of her estate to go to me. But I did not receive anything, is it possible to bring a claim for lost inheritance or make a claim against her estate?
The Answer from Solicitors Online
English law allow for claims in regards to inheritance by those who believe that they have been unduly left out of will, or have not been given a fair enough portion of the deceased’s estate for one reason or another.
A successful claim brought under the Inheritance (Provision for Family and Dependants) Act 1975 can alter the distribution of property of a person who has died, contrary to their will or intestacy.
The Act allows certain classes of people to apply for a portion of the deceased’s estate to be given to them on the basis that the deceased’s will or the intestacy does not give them a fair enough proportion of the deceased’s estate.
What are the rules regarding bringing a claim for inheritance in relation to a will?
For an applicant to be successful in bringing a claim:
(a) The applicant must apply within the time limit – this is within six months from confirmation of the personal representative of the deceased’s estate taking place. This is known as the grant of representation.
(b) The applicant must meet the criteria of people stated in Section 1(1) of the Inheritance (Provision for Family and Dependants) Act 1975, who can make a claim in regards to Inheritance.
(c) The person bringing the claim must prove to the court that the will of the deceased or intestacy, does not make reasonable financial provisions for them.
What happens if you are successful in your claim at court for further inheritance?
The court may then make a court order for a financial provision to be given to the applicant, from the deceased’s estate.
If the deceased deliberately took an action, before their death to avoid such a claim being successful, section 10 and 11 of the of the Inheritance (Provision for Family and Dependants) Act 1975 enable the court to make an order to counteract such action.
In conclusion the Inheritance (Provision for Family and Dependants) Act 1975 does make it possible for a person who believes that they have not been adequately provided for in a will or intestacy to bring a claim within a specified amount of time. Success of their claim results in the court making an order for further financial provisions from the deceased estate to be given to them.
If you need legal advice on bringing a legal claim in relation to a will, you can speak to one of our Solicitors online right now.