Inheritance disputes: 4 top tips if you are considering making an Inheritance claim

The loss of a loved one is never easy. Learning that you have not been adequately provided for under their estate can add further distress, particularly where this results in financial uncertainty or hardship at a time when you are already grieving.

A claim under the Inheritance Act can, in certain circumstances, provide financial support to individuals who have not received reasonable financial provision from an estate and who may otherwise face financial hardship.

However, strict time limits apply to such claims, so it is important to seek legal advice as soon as possible if you believe you may have a claim.

What should you do if you think you have an Inheritance Act claim?

If you are considering making a claim under the Inheritance (Provision for Family and Dependants) Act 1975, taking the right steps early on can help protect your position.

1. Obtain a copy of the last Will

One of the first steps is to obtain a copy of the deceased’s last Will, if there is one.

Understanding the contents of any Will is essential when assessing whether you may have a claim. In some cases, a person may have been left out of the Will completely. In others, they may have received something from the estate, but arguably not enough to maintain their standard of living.

2. Check whether a Grant of Probate has been issued

A Grant of Probate is an official legal document issued by the Probate Registry in England and Wales that confirms an executor’s authority to deal with a deceased person’s estate. It is important to establish whether a Grant of Probate or, where there is no Will, a Grant of Letters of Administration, has been issued. This information is publicly available and can usually be obtained through a search of the Probate Registry.

The date of the grant is particularly important because Inheritance Act claims are subject to a short ‘limitation period’. Court proceedings must be issued at court within six months of the Grant of Probate or Letters of Administration being issued.

Although the court has discretion to allow claims outside this limitation period, obtaining this permission is not guaranteed and can make your claim harder to bring.

3. Enter a standing search if no Grant of Probate has been issued

If no grant has yet been issued, you may wish to enter a standing search at the Probate Registry. A standing search acts as a notification system. If a grant is issued within the period covered by the search, you should be informed by the Probate Registry. Being notified in this way will help you to identify when the six-month limitation period for bringing a claim under the Inheritance Act begins to run, helping to ensure that the deadline is not missed.

4. Don’t delay seeking legal advice

Perhaps the most important step is to seek specialist legal advice as early as possible. Inheritance Act claims often require detailed consideration of factors such as

• your financial circumstances
• your relationship with the deceased
• the size and nature of the estate
• the needs of any beneficiaries.

Given the short timescale in which you can bring these claims, getting early advice is important. A specialist contentious solicitor or lawyer should also be able to help you in taking the above steps to protect your position.

Evelyn Hebbron is a senior associate solicitor at Debenhams Ottaway who specialises in contentious probate, including advising on inheritance disputes in Inheritance Act claims. Please contact Evelyn if you are considering making an inheritance claim.