Inheritance Act Claims

If you’ve been left out of a will or the lack of a will has left you struggling financially, you may be entitled to bring an Inheritance Act claim.

Our Inheritance Act solicitors have significant experience in helping our clients achieve the maximum amount of financial provision as quickly as possible in Inheritance Act claims. Similarly, we have a strong track record in defending Inheritance Act claims quickly and cost-effectively.

What is the Inheritance Act 1975?

The Inheritance (Provision for Family and Dependants) Act 1975 (‘the Inheritance Act’) allows certain people to claim financial provision from an estate. It is a legal act of Parliament which allows certain people to make a claim from a deceased person’s estate.

A surviving spouse or civil partner is entitled to such financial provision as is reasonable in all the circumstances, whether or not it is required for their maintenance. This often means that a spouse or civil partner would be entitled to enjoy the same standard of life which they enjoyed before their partner’s death.

Anyone else claiming under the Inheritance Act is entitled to such reasonable financial provision as is necessary for their maintenance, as long as the estate can provide it.

Key contact

Roman Kubiak TEP

Partner

Roman Kubiak is a Partner and Head of the market leading Private Wealth Disputes team.

He advises across the whole spectrum of private wealth disputes, with a particular focus on high value, complex and cross-border disputes including: trust disputes, breach of trust claims and applications to remove trustees; will disputes, particularly those with an international element; claims under the Inheritance (Provision for Family and Dependants) Act 1975; and claims for equitable relief under proprietary estoppel, constructive trusts and resulting trusts.

Who can make an Inheritance Act claim?

You can make an Inheritance Act claim if you were:

the spouse or civil partner of the deceased;
the former spouse or civil partner of the deceased who has not remarried or formed a new civil partnership;
in a relationship with the deceased for at least two years before their death;
the deceased’s child (which includes an adult child);
treated as the deceased’s child, for example if you were adopted, fostered, a step-child or close grandchild; or
being maintained financially in any away by the deceased.

See our video below for more information on who can make an Inheritance Act claim.

Inheritance (Provision Family and Dependants) Act 1975

Whatever the Inheritance Act issue, our legal advisers have the experience necessary to help you. Roman Kubiak discusses making a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Roman Kubiak acted for the successful claimant in the widely reported case of Thompson v Raggett [2018] EWHC 688 (Ch).

Our client, 79-year-old Joan Thompson, was entirely left out of her partner, Wynford Hodge’s, estate which was valued at over £1.5m despite them having been together for 42 years

We were able to secure an award of over £400,000 for Joan at the High Court which consisted of a property worth £225,000, a £160,000 lump sum for Joan’s future maintenance and care and £28,845 to renovate her property.

Roman Kubiak acted for the husband of the deceased in relation to claims under the Inheritance (Provision for Family and Dependants) Act 1975 and to set aside the deceased’s last will on the grounds of lack of capacity and lack of knowledge and approval.

The matter was particularly complex as the deceased and her husband were, at various times, resident across mainland Europe with assets likewise split between various countries across Europe.

As such, it was necessary to establish the legal position abroad and liaise with the authorities to ensure that any judgment in the UK would be enforceable in the various foreign jurisdictions as well as to consider the impact of forced heirship and matrimonial property regimes and tax considerations.

Further, the grant of probate was originally extracted on the basis that the deceased died domiciled in Switzerland, potentially excluding the husband from bringing a claim under the Inheritance Act. We were successfully able to argue that the deceased had died domiciled in England and Wales, thereby enabling the husband to bring his claim and secure a generous award.

Matthew Evans acted for the successful claimant at first instance and on appeal in the reported case of Iqbal v Ahmed [2011] EWCA Civ 900.

Our client, Mrs Mussarat Iqbal, was widowed after 22 years of marriage. Following her husband’s death she discovered that, under the terms of her husband’s will, she was left just £8,000 and a right to live in the matrimonial home. That home was valued at £115,000 and required extensive repairs worth over £30,000 which she simply could not meet. There was, therefore, the very real possibility that she may not be able to carry on living in her home.

The remainder of the deceased husband’s estate was left to his son from an earlier marriage.

The court heard that Mrs Iqbal, 61 at the time, was totally dependent on her husband prior to his death.

An application was therefore made under the Inheritance (Provision for Family and Dependants) Act 1975, and the court agreed that Mrs Iqbal had not received reasonable financial provision. As such, the court awarded Mrs Iqbal half of the property along with the right to stay in her home for life and the deceased’s residuary estate. The defendant was ordered to pay Mrs Iqbal’s legal costs.

Roman Kubiak was instructed by the Official Solicitor to act for the daughter of the deceased in her claim for reasonable financial provision under the inheritance Act. The daughter, who was five years old at the time of her claim, suffered from cerebral palsy which meant that she required medication, one to one help at school and emotional and physical support.

We were able to secure a settlement representing twice the daughter’s original entitlement which was then placed in trust to provide for the daughter’s considerable needs.

Inheritance Act claims