### Understanding Inheritance Act Claims: How to Challenge or Defend a Will
If you’ve been left out of a Will, or not been left as much as you need, you may be able to make a claim under the Inheritance Act. Our solicitors can help you make an Inheritance Act claim, or defend one if your inheritance is being threatened by a claim.
For a consultation about your Inheritance Act claim, call us on 0345 604 4895 or [contact us](https://www.irwinmitchell.com/contact-us) online.
#### What Is The Inheritance Act?
A person is entitled to leave their estate to whoever they want. However, there are some people who might reasonably expect to have a share of it.
The Inheritance (Provision for Family and Dependants) Act 1975 is a law to protect people who are financially dependent on another person when they die. It means that some dependants can claim against a Will that doesn’t provide a reasonable amount of inheritance for them.
People who are covered by the Inheritance Act can include:
– A spouse or civil partner.
– Children (both minors or adults), including adopted children or someone who has been treated as a child of the marriage (step-children for instance).
– A former spouse or civil partner – if they have not remarried.
– Someone living continually with the deceased for at least two years before their death.
– Any person being financially maintained in some way by them.
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#### When Can You Make An Inheritance Act Claim?
Our specialist solicitors could help you make an Inheritance Act claim if:
– The deceased didn’t leave a valid Will (this is known as intestacy)
– You’ve been left out of the Will
– You’ve not been left as much as you need.
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#### Inheritance Act Claim Time Limits
You have six months to make an Inheritance Act claim, starting from the date probate was granted.
In some circumstances you may be able to apply to the court for an extension, so it’s still worth [contacting us](https://www.irwinmitchell.com/contact-us) if you’re out of time but you think you might have a claim.
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#### How Much Does It Cost?
Most of our clients pay privately for our expert advice. Sometimes, we might be able to offer you a funding arrangement, but this is strictly subject to assessment (which will incur a charge) and at our discretion. Funding may include:
– Private fee paying (most common)
– Legal Expenses Insurance
– Payment on conclusion
– Conditional Fee Arrangement.
The options available may vary. They depend on a number of factors, including the type of claim, the value (to ensure costs remain proportionate), the number of parties, and the risks we identify.
If appropriate, our lawyers will discuss any options available for your particular claim at the outset.
We’ll always try and tailor the method of paying to your circumstances where possible.
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#### Why Choose Us?
Whether you’re making a claim under the Inheritance Act or defending one, our solicitors can help. We have the largest Will, Trust and Estate Disputes team in the country and we specialise in dealing with complex estates of many different sizes and value.
We understand how sensitive inheritance disputes can be and work towards amicable resolutions wherever possible. Our lawyers are expert negotiators and mediators, and will always try to settle claims out of court with a minimum of fuss. However, if it comes to it, we’re experienced taking claims through the court process and will support you every step of the way.
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#### Contact Us
Call us today on 0345 604 4895 or [contact us](https://www.irwinmitchell.com/contact-us) online.
– Leading team of experienced and knowledgeable lawyers
– National coverage throughout the UK
– Resolved some of the UK’s most high-profile disputes
– Skilled negotiators and mediators
[Call us at 0370 1500 100](https://www.irwinmitchell.com/personal/will-trust-estate-disputes/tel:0370 1500 100)
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Understanding Your Rights Under the Inheritance Act
Have you been left out of a Will, or feel that your inheritance does not reflect your needs or expectations? The Inheritance (Provision for Family and Dependants) Act 1975 may provide a pathway for you to claim what you believe is rightfully yours. This legislation is designed to protect individuals who were financially dependent on the deceased, ensuring they receive a reasonable amount of inheritance.
What is the Inheritance Act?
While it’s generally accepted that individuals have the freedom to distribute their estate as they see fit, the Inheritance Act acknowledges that certain dependants may have legitimate expectations of provision from an estate. This includes:
- Spouses or civil partners,
- Children, including adopted and step-children,
- Former spouses or civil partners who haven’t remarried,
- Individuals who lived with the deceased for at least two years prior to their death,
- Anyone who was financially supported by the deceased.
When Can You Make an Inheritance Act Claim?
Claims under the Inheritance Act can be made in various circumstances, such as when the deceased has not left a valid Will (intestacy), if you have been omitted from the Will, or if the inheritance left to you does not meet your needs. Specialist solicitors can guide you through the process of making a claim or defending an existing inheritance against a claim.
Inheritance Act Claim Time Limits
It’s crucial to be aware that there is a six-month time limit to make an Inheritance Act claim, starting from the date probate is granted. However, under certain conditions, it may be possible to apply for an extension, making it essential to seek legal advice as soon as possible if you believe you have a claim.
Costs Involved
The cost of pursuing an Inheritance Act claim can vary, with most clients paying privately for expert legal advice. There may be other funding arrangements available, subject to assessment and at the discretion of the solicitors, including legal expenses insurance and conditional fee arrangements. The best payment method will be tailored to your specific circumstances and discussed at the outset of your claim.
Why Choose Specialist Solicitors?
Dealing with inheritance disputes requires not only legal expertise but also sensitivity and understanding. With the largest Will, Trust, and Estate Disputes team in the country, our solicitors are experienced in handling complex estates and are committed to achieving amicable resolutions. Whether through negotiation, mediation, or court proceedings, we provide comprehensive support to ensure your rights are protected.
Inheritance disputes can be emotionally challenging and legally complex. If you believe you have a claim under the Inheritance Act, or need to defend your inheritance, seeking expert legal advice is crucial. With a focus on achieving fair outcomes for our clients, our team is here to guide you through every step of the process.
Contact Us
If you’re considering an Inheritance Act claim or need to defend one, it’s important to act promptly and seek professional advice. Our team of experienced solicitors is here to help you understand your rights and explore your options.
