Can I bring a claim under the Inheritance Act (Provision for Family and Dependants) Act 1975 as a child of the deceased?
The Inheritance (Provision for Family and Dependants) Act 1975 (the “1975 Act”) allows a Will (or the intestacy rules) to be disputed on the basis that it fails to adequately provide for certain categories of people, known as eligible claimants. The principle behind the 1975 Act is that certain duties and responsibilities are owed that should be honoured even after death. One group entitled to bring an inheritance claim under the 1975 Act are children of the deceased and those treated as children. In determining an inheritance claim by a child, the Court is being asked to assess what financial provision it would be reasonable in all the circumstances of the case for the applicant to receive for his or her maintenance. The 1975 Act sets out a number of factors which will be taken into account when assessing this. These include:-
- the financial resources and needs of the claimant;
- the financial resources and needs of any beneficiary;
- any physical or mental disability of the claimant or any beneficiary;
- any obligations and responsibilities which the deceased has towards the claimant; and
- the size of the net estate.
It is important to act quickly if you think you may be eligible to make a claim under the 1975 Act as there are important time limits that apply.
If you would like to discuss making a claim, please contact Philip Youdan at email@example.com. We can also discuss the possible options for funding your claim and will, in appropriate cases, be able to offer a “no win, no fee” arrangement or a fixed fee.