When can I make a claim under the Inheritance (Provision for Family and Dependants) Act 1975?

27 April, 2016

Has someone close to you passed away? Do you feel that you have not been adequately provided for or have not received what you were expecting? If the answer to these questions is ‘yes’, then you may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the “1975 Act”). In summary, the 1975 Act allows certain people to contest the terms of a Will and to seek a share, or a larger share, of the assets. When contemplating a claim, the key question is whether the Will (or the intestacy rules) failed to make reasonable financial provision for the person making the claim (known as the “claimant”). The 1975 Act sets out a number of factors which will be taken into account when assessing a claim. 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 and nature of the net estate.

It is important to act quickly as a claim under the 1975 Act must be brought within 6 months of the date of the grant of representation (although permission can be sought to bring a claim outside of this period if necessary).

If you would like to discuss making a claim under the 1975 Act, please contact Philip Youdan at philip.youdan@crippspg.co.uk. We can also discuss the possible options for funding your claim and may, in appropriate cases, be able to offer a “no win, no fee” arrangement or a fixed fee.