Challenging Intestacy & Inheritance Act Claims
Challenging Intestacy and Inheritance Act claims may occur when immediate family or anyone who may be considered as such feels they have been wrongly omitted from a will.
If you believe that you have been wrongly left out of a will, have not inherited as a result of intestacy (dying without a will) or the financial provision within the will does not adequately support you, then you may be able to make a claim under the Inheritance Act 1975.
In the event that a claim of this nature is successful, it allows the Court to redistribute the estate and vary the entitlement under the will or intestacy rules.
The following individuals will potentially be eligible to make a claim under rules of inheritance:
- the spouse or civil partner of the deceased;
- a former spouse or former civil partner of the deceased, but not one who has formed a subsequent marriage or civil partnership;
- a child of the deceased;
- any person (not being a child of the deceased) who was treated by the deceased as a child of the family;
- any person (who does not fall into one of the above paragraphs) who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased.
A claim of this nature can only be made up to 6 months from the grant of probate or letters of administration (subject to certain exceptions). Therefore if you believe you are eligible to make such a claim, it is essential you consult with a legal advisor as soon as possible to protect your position.