Service overview heading
We help eligible family members and dependents claim fair financial provision from an estate when the Will or intestacy rules fall short. We also assist beneficiaries of an estate with defending claims, and represent the personal representatives of an estate in responding to claims.
When a loved one passes away, their estate should provide reasonable financial support to those dependent on them. However, sometimes a Will or the intestacy rules don’t reflect these needs. The Inheritance (Provision for Family and Dependants) Act 1975 offers a vital route for spouses, civil partners, children (including adult and stepchildren), cohabitants, and others financially maintained by the deceased to make claims for reasonable provision.
Navigating the legal and emotional complexity of these claims requires expert guidance, which we provide with understanding and professionalism. Our team recognises that these matters touch on sensitive family relationships and financial uncertainties. We approach every case with empathy while ensuring your rights are robustly represented.
Claims should be made within six months of the Grant of Probate or Letters of Administration, so early advice is important to protect your interests. In some cases, a claim may be brought out of time, but this is at the discretion of the Court. Our Inheritance Act specialists will evaluate all relevant circumstances – including financial needs, obligations, and the value of the estate – to secure the most appropriate outcome for you.
A court will consider the standard of living enjoyed by the claimant, the resources and needs of all parties involved, and any disabilities or responsibilities before deciding whether to make an award and the type of award to make. Awards may include lump sums, regular payments, property transfers, or trust arrangements, but only from what remains available after debts and expenses have been met from the estate.
At Pinney Talfourd, our Legal 500 recognised team brings meticulous care, clear communication, and a commitment to excellence that puts you at ease throughout this challenging journey.
Dedicated expertise in contested estates
Our solicitors specialise in contested wills and probate disputes and therefore have significant expertise in Inheritance Act claims.
Personalised and empathetic support
We appreciate the emotional impact of inheritance disputes and offer compassionate guidance tailored to your unique circumstances.
Proactive and clear communication
You are kept informed at every stage with straightforward, jargon-free explanations so you can make confident decisions.
Strategic handling of time-sensitive claims
We act quickly to meet strict six-month probate deadlines, ensuring no opportunity to claim is missed.
Thorough assessment of financial needs
We carefully analyse your and other parties’ financial situations to build a compelling case for reasonable provision.
Robust negotiation and court representation
Skilled in both mediation and litigation, we strive to secure fair settlements but are well-prepared to advocate in court if necessary.
Trusted by clients and peers
Our Legal 500 ranking reflects our consistently high standards and the loyalty of clients who value our integrity and results.
Long-term partnership and peace of mind
We are committed to maintaining relationships beyond individual cases, offering ongoing support through life’s changes.
Understanding Inheritance Act claims – eligibility, process, and what to expect
The Inheritance Act provides a legal way for those left out or inadequately provided for in a Will or intestacy to claim their rightful financial share. Eligible claimants include spouses, former spouses, civil partners, former civil partners, children, including adult and stepchildren, cohabitants in some cases, and others financially maintained by the deceased.
Claims centre on “reasonable financial provision” – an objective legal test examining whether the estate’s distribution leaves you sufficiently supported. The court considers factors like past living standards, financial resources and needs of all parties, and the deceased’s relationships and obligations.
Awards may be arranged as lump sums, ongoing payments, or property transfers but are limited to what remains in the net estate after debts and costs. Each case is unique and requires expert advice to navigate the nuances of the law and personal circumstances. Starting the claim promptly within six months of probate is crucial.
We help you understand your rights clearly, prepare your case with care, and pursue a resolution that brings you the financial support you deserve. Through every step, our focus remains on building a partnership where you feel heard, informed, and confident.
Inheritance Act Claims FAQs
We understand you might be looking for answers, so we’ve compiled a list of frequently asked questions to help get you started.
Eligible individuals include spouses, civil partners, former partners, children (including adult and stepchildren), cohabitants in some scenarios, and those financially maintained by the deceased.
It means a fair amount of money or property from the estate to support the claimant’s needs, considering their lifestyle and circumstances. In the case of a claim by a spouse, the court will also consider what that spouse would have received if the marriage had been ended by divorce rather than death.
Claims must be made within six months of the Grant of Probate or Letters of Administration. Acting swiftly is essential to protect your rights. In some cases, a claim may be brought out of time, but this is at the discretion of the Court.
Courts can order lump sums, monthly payments, or transfer of property – but only from the net estate available after debts and expenses.
We combine Legal 500-recognised legal expertise with a compassionate, clear, and proactive approach. We support you through difficult times, delivering advice and advocacy you can trust.
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You can contact us now to book an initial consultation. Or for more information please contact Nick Hatchett on the details below.
Nick Hatchett
Partner