The Inheritance (Provision for Family and Dependants) Act 1975 was introduced to protect the rights of those who are entitled to a fair share of a deceased individual’s assets. If you have been left out of a will entirely, or were not left as much as you feel you deserved, you may be able to file a claim.
At Aristone Solicitors, we understand and acknowledge the complexity and sensitivity of Inheritance Act claims. Taking legal action in the wake of a bereavement can make an already difficult situation even more challenging. Nevertheless, you are perfectly within your rights to file a claim under the Inheritance Act, if you feel you have been unfairly excluded or neglected in a will.
For more information or to discuss your case in more detail, contact a member of the team at Aristone Solicitors today.
Establishing your Inheritance Entitlement
When a person creates a final will and testament, they are perfectly entitled to bequeath their assets and their estate to anyone they choose to. However, individuals who have shared close relationships with the deceased party may expect a reasonable share of the assets they leave behind.
Examples of which include the following among others:
- A spouse or civil partner
- A former spouse or civil partner
- Dependants of any kind
- Anyone who lived with the deceased party for more than two years
Unfortunately, it is not uncommon for such individuals to be excluded entirely from the final will and testament of the deceased party. In some instances, they may be included, though allocated a share of the estate that falls below their expectations.
If you believe this is the case, we can help. Contact Aristone Solicitors anytime to discuss the available options in more detail.
Pursuing Inheritance Act Claims
There are various reasons why an Inheritance Act claim may be considered valid and legally enforceable. Typical examples of which include the following:
- The deceased party did not leave a valid will
- The will they left was invalid or incomplete
- The will was drafted under duress
- The will has been tampered with in any way
It’s important to note that if you intend to pursue an Inheritance Act claim, there is a formal deadline of six months from the date probate is granted. The earlier you act, the more likely your case is to succeed.
Our Three-Step Inheritance Act Claims Process
At Aristone Solicitors, we use a strategic three-step process to ensure even the most complex cases are brought to a swift and amicable resolution:
- Investigation – We’ll carefully examine the deceased party’s will and consider the details of your case, in order to decide whether you have a valid claim under the Inheritance Act.
- Mediation – We always work hard to ensure that the vast majority of disputes are settled outside the courts, using alternative methods such as independent mediation.
- Court – Should it be necessary to involve the courts, you can count on the committed support and representation of our expert legal team from start to finish.
You may still be able to file a claim later than six months after the date probate is granted, but you will first need to obtain formal permission from the courts.
For more information or to discuss any aspect of Inheritance Act claims in more detail, contact a member of the team at Aristone Solicitors anytime.