What is a claim under the Inheritance (Provision for Family and Dependents) Act 1975?

You may be able to challenge your entitlement under a family members Will under the Inheritance (Provision for Family and Dependents) Act 1975. This is whether you feel that you have not been adequately provided for or if you have not been provided for at all. You may be eligible to make a claim if you are one of the specific groups of persons entitled to claim under the legislation. This includes the spouse or civil partner of the deceased person or a child of the deceased person (including those over the age of 18 years). You would need to start court proceedings within six months of the grant of probate for your claim to be accepted. It is therefore advisable that you seek advice from our specialist solicitors in our litigation and disputes team as soon as possible.

If the court is satisfied that reasonable financial provision has not been made, it has the power to make various orders, including the payment of a lump sum of money or the transfer of property.

We can also advise beneficiaries with regards to defending claims brought under estates to which they are entitled.

Should you wish to find out more, please contact Caroline Batko at cab@wdavies.com