Inheritance Act claims are rarely decided by one fact. Being left out of a Will, having financial difficulties or having been supported by the deceased can all be important, but none necessarily determines the outcome.The strength and value of a claim depend on the claimant's circumstances, the size and nature of the estate, the deceased's relationship and obligations towards them, the position of other beneficiaries and the available evidence.
There is a strict time limit.
A claim under the Inheritance Act must normally be issued within six months of the grant of probate. The court can allow a late claim in some circumstances, but this is not guaranteed. If you think you may have a claim, it is important to take advice as early as possible.
Claims can be brought by a surviving spouse or civil partner, a former spouse or civil partner, a child of the deceased, a person treated as a child of the family, a cohabitant or a person who was being maintained by the deceased. If you need to establish whether you fall within one of these categories, see our separate guide to [who can make an Inheritance Act claim].
How to assess the strength of your claim
There is no simple formula for assessing prospects.
Two adult children excluded from their parents' Wills, for example, could have very different claims. One may have substantial assets and little evidence of financial support or obligation. The other may have limited income, significant housing needs and evidence that the deceased had supported them or promised to continue doing so.
An experienced solicitor will therefore look at the claim as a whole, including:
the claimant's income, assets, liabilities and financial needs;
their relationship with the deceased;
previous financial support and other obligations;
the reasons for the terms of the Will;
the size and composition of the estate;
the needs and circumstances of other beneficiaries;
any disability or other relevant circumstances; and
the evidence available to prove or challenge these matters.
The important distinction is between having standing to bring a claim and having a sufficiently strong and valuable claim to justify pursuing it.
How much could an Inheritance Act claim be worth?
There is no standard percentage of an estate that an Inheritance Act claimant should receive.
The court is considering reasonable financial provision rather than simply deciding what would have been a fairer division of the estate. For most applicants, reasonable financial provision means what would be reasonable for their maintenance. For a surviving spouse or civil partner, the standard is broader: the court considers what would be reasonable in all the circumstances, and is not limited to maintenance. This distinction can have a significant effect on the potential value of a claim.
The potential value therefore depends heavily on the claimant. Housing may be the principal issue in one case, while another may concern income, debts, care needs or a combination of financial requirements.
The size of the estate is also important. A claimant's needs may substantially exceed what can realistically be provided where the estate is relatively modest and several beneficiaries have competing needs.
Possible outcomes can include a lump sum, property, housing provision, regular payments or another arrangement appropriate to the circumstances.
This is why valuing a claim involves more than putting a figure on the claimant's financial shortfall. We also consider what outcome is realistically achievable through negotiation or, if necessary, court proceedings.
What evidence is important?
Evidence can make a substantial difference to both the strength and value of a claim.
Financial evidence commonly includes bank statements, income, savings, pensions, property, mortgages, debts and regular expenditure. Where housing needs form an important part of the claim, evidence about suitable accommodation and its cost may also be needed.
Other evidence can be equally important, including:
correspondence and messages with the deceased;
evidence of regular financial support;
evidence of promises about inheritance or future support;
information about the relationship between the claimant and deceased;
medical evidence where health affects financial needs;
documents explaining why the Will was drafted as it was; and
evidence about the circumstances and needs of other beneficiaries.
Good evidence can strengthen a claim. It can also expose weaknesses at an early stage, before substantial legal costs are incurred.
Does long term estrangement prevent an Inheritance Act claim?
No. Estrangement can be relevant, but it does not automatically prevent a claim.
The circumstances matter. There can be a significant difference between a long-term breakdown deliberately maintained by the claimant and a more complicated family relationship involving periods of estrangement and reconciliation.
The reasons for the estrangement, the deceased's conduct, previous financial support and the claimant's present needs may all be relevant.
This is another reason why these claims should not be assessed simply by asking whether the claimant and deceased were close when the deceased died.
What if the Will explains why I was excluded?
A Will or accompanying document may state that a family member has deliberately been excluded and explain why.
That can be important evidence, but it does not prevent an Inheritance Act claim.
The court ultimately decides whether reasonable financial provision was made under the Act. The deceased's explanation forms part of the evidence considered alongside the claimant's financial circumstances, their relationship with the deceased, the estate and the position of other beneficiaries.
We acted in one case where an adult son had been expressly excluded from his father's Will and the Will explained the reasons for doing so. The claim nevertheless resulted in a significant negotiated settlement.[WR1.1]
Do the circumstances of other beneficiaries matter?
Yes. This is sometimes overlooked by claimants.
An Inheritance Act claim is not considered in isolation. An award to one person will usually reduce what somebody else receives.
The financial resources and needs of beneficiaries can therefore be highly relevant. A claim against an estate where the beneficiary is independently wealthy may present a very different balance from one where the beneficiary also has substantial housing, health or financial needs.
Understanding these competing interests is important both when assessing the likely court outcome and when negotiating a settlement.
On a risk/benefit basis will a claim after exclusion from a will be worth pursuing?
Legal merits are only part of the decision.
We also consider the likely value of any award, the size of the estate, the strength of the evidence, the attitude of the beneficiaries, likely legal costs and the risk of proceedings.
A relatively modest disagreement over inheritance can become commercially unattractive if substantial legal costs are incurred. Conversely, an early and well-supported claim may create a realistic opportunity for settlement before costs escalate.
Our role is therefore not simply to identify whether a legal argument exists. We advise on whether pursuing it makes practical and financial sense and on the most proportionate strategy.
Are most Inheritance Act claims settled?
Most claims do not ultimately require a trial.
The parties will normally exchange sufficient information to understand the claim, the estate and the competing positions. Solicitors can then explore settlement through correspondence, formal offers, meetings or mediation.
Mediation can be particularly effective because the parties have greater flexibility than a judge determining the claim at trial.
Settlement might involve a lump sum, property or housing provision, a trust or a combination of arrangements. The legal and tax consequences of the proposed structure should be considered before terms are finalised, as settlements can have inheritance tax, capital gains tax and income tax implications depending on the form of provision.
The objective should be a settlement which properly reflects the strength of the claim while avoiding unnecessary litigation cost and risk.
What if the claim cannot be settled?
If agreement cannot be reached, court proceedings may be necessary.
In urgent cases, the court can make an interim order for financial provision under the Inheritance Act before the claim is finally determined. This may be relevant where a claimant has pressing financial or housing needs that cannot wait for the full proceedings to conclude.
Inheritance Act proceedings have their own procedural requirements under Part 57 of the Civil Procedure Rules. The court will require evidence about the claimant, the estate and the beneficiaries before ultimately determining what, if any, reasonable financial provision should be made.
Issuing proceedings does not mean the case will necessarily reach trial. Negotiations can continue and cases can settle during the court process.
The important issue is to protect your legal position while continuing to assess whether settlement provides a better commercial outcome.
Can the court intervene if assets were given away before death?
The court has power under the Inheritance Act to set aside certain dispositions made by the deceased within six years of death if they were made with the intention of defeating a claim for financial provision. This can include gifts, transfers of property and other transactions designed to reduce the value of the estate.
Where there is evidence that assets were given away to prevent or reduce a claim, it is important to obtain advice promptly so that the position can be properly investigated.
Common mistakes and misunderstandings
Problems often arise where someone:
assumes being treated unfairly in a Will automatically means they have a strong claim;
waits too long before obtaining advice, particularly given the strict time limit of six months from the date of the grant of probate to issue a claim;
focuses on the size of the estate without properly evidencing their own financial needs;
underestimates the relevance of other beneficiaries;
makes an unrealistic demand before the evidence has been assessed;
fails to provide full and accurate financial information; or
incurs legal costs disproportionate to what can realistically be recovered.
Early assessment can help avoid these problems and identify where further evidence is needed before a position is taken.
How we can help
We provide practical and compassionate legal advice on all sides of 1975 Act claims. Whether you are:
Making a claim after being excluded from a will.
Acting as an executor facing a claim.
A beneficiary concerned about your inheritance
We can guide you through the legal process with expertise and clarity and advise you on funding. If you are an executor, your reasonable costs will be paid from the estate so long as you remain neutral. As a beneficiary, you will be liable for your own legal costs and we will consider with you, at the relevant time, if there are any funding options open to you to assist you to bring your claim.
Contact us today for a confidential consultation.
