Our specialist Inheritance Dispute Solicitors fight for your inheritance rights when you’ve not been sufficiently provided for.
Have you been unfairly left out of a will or received less than you expected? Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals can legally claim financial provision from an estate if they’ve not been adequately provided for, whether there’s a will or the deceased died intestate (without a will).
Our inheritance dispute solicitors can help you submit a claim for reasonable financial provision or help you in defending an Inheritance Act claim or a will contest against an estate.
The Inheritance (Provision for Family and Dependants) Act 1975 enables eligible people to seek financial provision from a loved one’s estate when they’ve been unfairly left out or inadequately provided for.
You might have grounds for a claim if:
You’re mentioned in the will but not given enough to meet your needs.
You’ve been completely excluded from the will.
There’s no will, and intestacy rules fail to make adequate provision for you.
In the UK, inheritance law is complex, and disagreements over wills, estates, or trusts require knowledgeable and compassionate legal guidance. Inheritance dispute solicitors specialise in resolving issues such as contested Wills, claims under the Inheritance (Provision for Family and Dependants) Act 1975, and disagreements among beneficiaries or executors.
Key things to know about Inheritance Act Claims
Who can claim under the Inheritance Act? You can claim if you’re a spouse, civil partner, cohabitee (living together for at least 2 years), child (including adult and stepchildren), or someone financially dependent on the deceased.
What does ‘reasonable financial provision’ actually involve? Reasonable financial provision is evaluated based on your relationship to the deceased and personal financial circumstances. For instance, a spouse typically expects ongoing support and housing, whereas an adult child might receive a lump sum to cover housing costs or repay debt.
Is there a time limit for claims? Yes, you typically have six months from the date of probate. Late claims are occasionally allowed, but acting quickly significantly improves your chances.
How successful are Inheritance Act claims usually? Claims with strong evidence of financial dependency or inadequate provision often succeed. Most claims settle through negotiation, avoiding court altogether.
Can claims be handled on a no win no fee basis? In many cases, yes. If your claim has good prospects, we offer a no win no fee inheritance claim arrangement, meaning you won’t pay upfront and only pay fees if your claim succeeds.
Who can make an Inheritance Act claim?
To make a successful claim for inheritance, you must belong to one of these recognised categories:
Spouse or Civil Partner: As a spouse or civil partner, you may have a strong case for a claim. For instance, if the estate doesn’t provide the kind of financial support or housing you might reasonably expect after a divorce, you could seek improved provision under the Inheritance Act.
Former Spouse or Civil Partner: You might have grounds to claim as a former spouse or civil partner if there were unresolved financial obligations at the time of death, such as regular maintenance payments. You can pursue a claim if you haven’t remarried or entered a new civil partnership.
Cohabiting Partner: If you lived together like spouses or civil partners for at least two years before your partner passed away, you could potentially claim. Providing evidence of shared finances, joint property, or day-to-day support can greatly help your case.
Children and Stepchildren: Adult children, stepchildren, or anyone who was treated as part of the deceased’s family may have a claim. Adult children’s claims often succeed when they clearly demonstrate unmet financial needs, such as housing, debt support, or helping their own dependants.
Financial Dependants: If you relied financially on the deceased, for example, regular payments, accommodation, or care, you could have a valid claim. Dependants might include siblings, extended family, or even non-relatives, provided you can show clear evidence of financial dependency.
How does the court decide what a ‘reasonable provision’ is?
When considering what counts as ‘reasonable financial provision’, the court examines each case individually, focusing on the specific relationship between the claimant and the deceased, alongside practical financial circumstances.
Key factors the court considers include:
Claimant’s financial position: your current and future financial needs, income, assets, and overall financial security.
Financial situation of other beneficiaries: ensuring fairness, the court assesses other beneficiaries’ financial needs, including future expectations of their income and assets.
Value and nature of the estate: the court carefully evaluates the size of the estate and how realistically it can meet each claimant’s requirements.
Deceased’s responsibilities and obligations: examining any moral or legal responsibilities the deceased had toward you or other beneficiaries.
Any relevant disabilities or special circumstances, such as a claimant’s illness, disability, or other unique financial considerations.
Any other relevant matter, including the conduct of the claimant and any wishes expressed by the deceased.
Based on these factors, the court has broad discretion and can award financial provision in various ways.
This could include a lump-sum payment, a transfer of property ownership, or ongoing financial support to ensure your future financial stability.
Seeking early advice from a specialist will dispute solicitor is essential to assess the strength of your claim, preserve key evidence, and build the strongest possible case before strict time limits affect your position.
How Awdry Law can help you resolve sensitive inheritance disputes
Inheritance disputes can be emotionally charged and complex, often arising at an already difficult time. At Awdry Law, our inheritance litigation solicitors are committed to finding constructive solutions that minimise stress and protect family relationships wherever possible.
Methods of Resolution
Negotiation: The first step is usually to seek an amicable resolution through careful negotiation. We strive to resolve disputes out of court, aiming for results that are fair and satisfactory for all parties involved.
Mediation: If negotiation does not resolve the dispute, mediation offers a confidential and cost-effective alternative. A neutral mediator can facilitate discussions and help reach a mutually acceptable agreement.
Court Proceedings: If all else fails, our experienced solicitors are fully prepared to represent your interests in court. We provide clear advice on your prospects of success and guide you through every stage of the legal process.
Our priority is to achieve the best possible outcome for our clients, whether through negotiation, out-of-court settlement or litigation. We approach each case with empathy, professionalism, and a clear focus on resolving matters efficiently and fairly.
What does the court consider when deciding claims under the Inheritance Act 1975?
The court evaluates several critical factors when deciding on Inheritance Act claims:
Your current and future financial needs: Essential expenses, housing, and support.
Other beneficiaries’ financial situations: Ensuring fairness across the estate.
Size and value of the estate: Whether the estate can realistically provide for your claim as well as the existing beneficiaries.
Moral and legal obligations of the deceased: Responsibilities the deceased owed to you.
Any disabilities: Physical or mental disabilities affecting your financial needs.
Relationship closeness: The nature and quality of your relationship with the deceased.
Why would an inheritance claim typically succeed or fail?
Inheritance Act claims typically have a stronger chance of success when:
Clear evidence of financial need (e.g., reliance on the deceased for housing or income).
Established relationship status (spouse, cohabitee, child).
Estate is sufficiently large to accommodate the claim.
Strong documented evidence supporting dependency.
Claims usually fail due to:
Missed deadlines without valid reasons.
No qualifying relationship or dependency.
Minimal financial need or very limited estate resources. For claimants who are not spouses or civil partners, the Act specifies that the financial provision is for the claimant’s ‘maintenance’. Claimants with no history of financial dependence can fail to meet this requirement.
Insufficient evidence to demonstrate unfairness or dependency.
Common Types of Disputed Inheritance Claims
Disputes over wills and estates can arise when the wishes of a deceased person are unclear, contentious, or appear to unfairly disadvantage certain family members. These situations often cause significant emotional stress and may require specialist legal support to resolve.
Typical Reasons for Inheritance Disputes
Allegations of Undue Influence: Concerns may arise that a will was made under pressure or manipulation, causing questions over its validity.
Disputes Over Will Validity: Sometimes, the legitimacy of a will is challenged due to issues such as lack of mental capacity, improper execution, or suspected fraud.
Claims Under the Inheritance (Provision for Family and Dependants) Act 1975: Individuals who feel they have not been sufficiently provided for in a will—such as spouses, children, or dependants—may be entitled to make a claim for reasonable financial provision.
Disagreements Among Executors and Beneficiaries: Conflicts can occur about the administration of the estate, particularly if executors or trustees are accused of acting improperly, or if beneficiaries are dissatisfied with how estate assets are distributed.
Our experienced inheritance solicitors can provide clear guidance, practical support, and, where possible, seek to resolve matters without resorting to court proceedings.
If court action becomes necessary, we will advocate tirelessly to protect your interests and help you achieve a fair outcome.
Inheritance Act Claims on a No Win No Fee Basis
We frequently handle Inheritance Act claims on a no win no fee basis, meaning:
No immediate fees or hidden charges.
You only pay legal fees if we successfully recover funds for you.
Free initial assessment to confirm your eligibility for no win no fee representation.
After your free initial consultation and considering any further documentation, we will evaluate whether your claim has greater than 50% prospects of success.
If it does, we can offer a Conditional Fee Agreement (CFA), which means that we will fund your claim on a no win no fee basis.
Why do you need an expert inheritance dispute lawyer?
Inheritance disputes often involve intricate legal and emotional issues. Our solicitors possess in-depth knowledge of wills, trusts, probate processes, and statutory claims under the Inheritance (Provision for Family and Dependants) Act 1975.
Whether your challenge involves contesting a will, claiming financial provision, or resolving executor disputes, our expertise enables us to provide clear, reliable guidance at every stage.
With proven experience in both negotiation and litigation, our solicitors can advise on the strengths of your case, the potential outcomes, and the best strategy for protecting your interests.
Why choose our Inheritance Dispute Solicitors?
Decades of combined experience in inheritance disputes and contested probate cases.
A proven track record of securing favourable settlements, often without court proceedings.
Clear, straightforward advice, and swift action on your behalf.
Options for no win no fee arrangements.
Free initial consultation, no obligation to proceed.
Paul is a full member of The Association of Contentious Trust and Probate Specialists (ACTAPS), a professional body for lawyers who specialise in disputes over wills, trusts, probate, and estates, aiming to promote high standards and expertise in inheritance matters.
The inheritance dispute solicitors at Awdry Law support clients across England and Wales, regularly acting in complex inheritance disputes for clients based in London, Bristol, Birmingham, Manchester, and beyond.
Inheritance disputes are subject to strict deadlines and limitation periods. Acting early can protect your position. To understand your options, book a free initial consultation with our specialist inheritance dispute solicitors.
