What happens if the outcome of a will is a surprise to you? Perhaps your loved one didn’t even have a will in place or maybe you fell out with them just before their death? Whatever the reason for your inheritance claim, you could be entitled to apply for financial provision from their estate.
What are inheritance claims
This is where the court approves you for financial provision from the deceased’s estate. If you were financially dependent on someone who has recently passed and you haven’t got enough money for day to day living, then you may be able to put in an inheritance claim.
You can make an inheritance claim if you haven’t been included in a will or if the person in question passed away without making a will or if you haven’t been left as much as you need.
Who can make an inheritance claim?
The Inheritance Act enables certain people to make a claim against a will / estate if they’re in financial need. You can make an inheritance claim if you’re:
- A child of the person in question
- Someone who was treated as if they were the child of the person
- The husband, wife or civil partner of the person
- A person who was financially dependent on the person who died
- Someone who lived with the person for a minimum of two years before they died
What factors will affect my claim?
In short, the court will look at several factors to determine whether or not your inheritance claim will be approved:
- Size of the estate
- Your current financial resources such as your income, savings and assets
- Your outgoings
- The income and outgoings of other people mentioned in the will
- Obligations the deceased might have had with regards to your care and safety
- Your physical or mental disabilities
- Other beneficiaries’ physical or mental disabilities
What could I get?
If the claim is taken to court, the judge will ultimately decides who gets what. You may receive payments towards your welfare in regular installments or a single lump sum. In some cases the court may transfer ownership of any property to you or you may be required to sell the property and use the funds to support yourself. It really does depend on you as an individual, as well as your financial situation.
How can 174 Law help?
We know inheritance issues can be emotionally charged – that’s why our service is 100% sensitive, professional and proactive in dealing with each case individually. Our previous clients have included both people applying for an inheritance claim and those responding to an inheritance claim. In either situation, we always provide impartial, well-informed advice and support on how to achieve the fairest possible outcome.
We will guide you through each part of the inheritance claim process, giving practical and clear advice as we progress. We find that most of our clients manage to resolve their cases through mediation and there’s no need to make a court appearance.