Where There’s A Will
There’s A… Conflict?
Organising the material elements of a loved one’s life after they have passed is an understandably upsetting time
From those who have been left out of a will entirely, individuals who receive less than they were expecting, or where there is no will, record numbers of inheritance disputes are now going through the courts, as modern family structures and rising house prices push more people to contest unfavourable outcomes with regards to their inheritance.
Kieran O’Connor, a contentious probate specialist at Farleys Solicitors has noticed the steady increase in these cases, particularly over the last couple of years as high-profile cases continue to hit the headlines, such as that of Ilott v Mitson, where an estranged adult daughter successfully battled her mother’s decision to leave money to animal charities.
How do I make a claim?
If you’ve been left out of a friend or family member’s will, or if you don’t think you’ve been left enough, then you may be able to make a claim against the estate for reasonable financial provision under the Inheritance (Provision for Family and Dependents) Act 1975. However, it’s important to note there are certain relationship criteria and timeframes which you must adhere to be entitled to make a claim.
Who can bring a claim?
• Spouses/civil partners
• The former spouse/civil partner of the deceased who hasn’t remarried or entered a subsequent civil partnership (in certain limited circumstances)
• A child of the deceased or a child treated as a child of the family by the deceased (including adult children)
• Any person who cohabited with the deceased person for a continuous period of two or more years immediately prior to their death
• Anyone who immediately before the death of the deceased was being maintained wholly or in part by the deceased.
What factors might the court look at when considering a claim?
• Your own financial resources and needs. If the person pursuing a claim is in a poor financial situation, this can support a stronger claim. Likewise, if the beneficiaries of the estate are in a strong financial position already, their defence to any claim is likely to be weaker
• The size and nature of deceased’s estate – generally speaking, the larger the estate, the more unreasonable it may seem that you have been excluded
• Any obligations and responsibilities the deceased owed – if the deceased owed a duty to look after you/any other beneficiaries then this can influence a claim
• Financial provision for physical or mental disabilities of any applicant or beneficiary.
Act quickly
The time limit for making a claim under the 1975 Act is very short. Six months after the grant of probate is taken out. If you believe you may have a claim it’s important to seek legal advice sooner rather than later.
Take legal advice
Regardless of your situation, whether you’re looking to contest a will or are dealing with a contested will, inheritance act claims are a complex area of the law and it is essential that you consult a solicitor with experience in this area.
Farleys has offices on Winckley Square in Preston and across the north west
For more information please visit: www.farleys.com or call 01254 368040
