An Inheritance Act claim is a financial claim seeking reasonable financial provision from a person’s estate. If you are claiming as a spouse or civil partner, reasonable provision means what is reasonable in all the circumstances, whether or not it is required for your maintenance. For all other categories of claimant, reasonable financial provision is limited to what is necessary for your maintenance.
The courts have wide discretion when considering how a deceased person’s estate should be redistributed following an Inheritance Act claim. A range of factors will be assessed, including your financial circumstances, the financial circumstances of any other party, the size and composition of the estate, and any obligations or responsibilities the deceased had towards you or others.
Even if your claim succeeds, there is no guarantee that you will receive a cash award. What you receive will depend on the financial structure of the estate and the positions of the other parties. For example, if the estate includes a property and you require accommodation, the court may grant you a life interest in that property. This would allow you to live there for the rest of your life, after which the property would pass to the estate’s beneficiaries. Alternatively, the court may decide to award a lump sum. The outcome depends entirely on the specific circumstances and the assets available within the estate.
For this reason each claim is different. If you would like to discuss this further please do not hesitate to contact us or request a callback.
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