Inheritance Act Claims

The Law (Inheritance (Provision for Family & Dependants) Act 1975)
provides protection for spouses, children and other dependants (family or
non-family) where a deceased has died without leaving any or sufficient money
for their continued well being.

Based upon the fact that the deceased left a surviving spouse or surviving
children or someone dependant upon the deceased before death, of any age (not
just minors), the Law and Court decisions say that the deceased cannot
disinherit them or provide inadequately for their future – they must provide ‘reasonable
financial provision’.

Those who can make a claim are

• a surviving spouse (lovingly married, or even separated but not after finalised divorce)
•  surviving children (of full blood, half blood and adopted)
•  a person dependant before death (family or non family, related or not)

 
If you are any of the above you may be able to bring a claim. Contact one of our solicitors today for further information.

The expression ‘dependant’ means, for instance, being given a home to live in (say the family home, shared or otherwise) or being provided with meals & transport or having an expectation of financial support when needed (pocket money, tuition fees).

However, being a grown up child, not living at home, with a good job but dis-inherited by the parents, does not mean there is an automatic right to succeed in an inheritance act claim. There is no automatic right for children to inherit although the Courts have generally shown that a spouse will have that right (unless facts dictate otherwise)