Can I bring a claim under the Inheritance Act (Provision for Family and Dependants) Act 1975 as the deceased’s dependant?

8 June, 2016

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 who can bring a claim under the 1975 Act are people who are able to show that, immediately before the death of the deceased, they were being maintained either wholly or partly by the deceased. This group, referred to as “dependants”, are eligible claimants for the purposes of the 1975 Act. In determining an inheritance act claim by a dependant, the Court is being asked to assess what financial provision would be reasonable in all the circumstances of the case for the applicant to receive for his or her maintenance. 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 philip.youdan@crippspg.co.uk. 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.