The death of a loved one is a difficult time, and the emotional impact can be compounded if you are left without adequate financial provision. A claim under the Inheritance Act 1975 can ensure that:

• Your Financial Needs Are Met: If the deceased failed to provide adequate support, the Act can help secure the support you need.

• You Receive a Fair Share: The Act allows you to seek a reasonable portion of the estate, particularly if you were financially dependent on the deceased.

• Justice for Long-Term Relationships: If you were married or in a long-term relationship with the deceased, the Act can protect your rights and ensure you are provided for, regardless of the terms of the will.

• Protection for Dependent Family Members: If you were a dependent family member, such as a child or cohabitee, and have not been properly provided for, a claim under the IPFDA can help secure the financial support you deserve.

A Court will consider two key questions:

Did the deceased fail to make reasonable financial provision for the applicant?

If so, what reasonable financial provision should be made for them?

The amount that a successful applicant can expect to receive will depend on the facts of each case. Emphasis will be placed on examining an applicant’s current and future financial needs and resources.  The needs of the applicant must also be balanced against a range of other factors, including the needs of the beneficiaries of the estate and the size and nature of the estate.

A surviving spouse or civil partner is entitled to a higher standard of provision, namely such provision as is reasonable in all the circumstances.  The court will be keen to ensure that a spouse whose marriage has ended in death is not in a worse position than a spouse whose marriage has ended in divorce.

At Forbes, we offer expert legal services to help you navigate the process of bringing a claim under the Inheritance Act1975.  We will take the following steps to advance your case:

1. We will communicate with the estate administrators to:

• let them know we are instructed;

• inform them that you intend to make a claim and therefore they should not distribute the estate pending the resolution of the claim; and

• to ascertain the assets and liabilities of the estate and what steps have been taken in the administration, including whether a grant has been applied for.

2. We will discuss the case generally with you to obtain key facts and to explain the process going forward.  We will advise you of the time limits that apply to your case and of any steps that should be taken to protect your position.  We will gather information and documents from you relevant to proving your case.

3. We will carry out a full assessment of all material gathered and advise you of the outcome of this review and seek your instructions in relation to any points that arise.  We will then provide you with a preliminary opinion on the merits of your case. We may also liaise with specialist counsel as appropriate.

4. We will prepare a detailed letter of claim addressing the criteria under the Act that the Court will have reference to when deciding your case at trial.

5. We will review any response from the other side to the letter of claim and update our advice to you in respect of the merits of your claim. We will assess any proposals for settlement, advise and prepare a response as appropriate. Liaise with counsel as appropriate.

6. In default of a settlement, we will draft your claim and arrange for the same to be issued by the court and served upon the other parties.

If you are facing a claim under the Inheritance Act 1975, our expert team at Forbes can provide you with the legal support needed to effectively defend the claim. We specialise in defending estates against claims from spouses, children, dependants, and other potential beneficiaries seeking a larger share of the estate. Our experienced solicitors will assess the validity of the claim, challenge any unreasonable requests, and provide strong legal representation to protect the estate's interests.

Why Choose Forbes Solicitors?

• Specialist Expertise: Our solicitors have a deep understanding of the Inheritance Act 1975 and the legal process for making claims.

• Tailored Legal Advice: Every case is unique, and we provide advice and strategies specifically suited to your individual circumstances.

• Compassionate Support: We understand that these matters are emotionally challenging, and we provide a sensitive, client-focused approach.

• Proven Track Record: We have successfully helped numerous clients bring claims under the Inheritance Act 1975, ensuring they receive the financial provision they deserve.

Transparent Pricing: We offer clear, upfront pricing with no hidden fees, so you’ll always know what to expect.

Get in Touch for Expert Legal Support

If you believe you are entitled to a fair share of an estate under the Inheritance (Provision for Family and Dependants) Act 1975, don’t wait. Contact us today for expert legal advice and representation. Our team is ready to help you secure the financial provision you deserve.

Call 0800 689 3607 or fill out our online form to schedule a free consultation.