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Inheritance Act Claims: Who Can Make Them?

Posted on 3 June 2020 by DanS

There have been many government provisions for England and Wales that enable people to make Inheritance Act Claims. To bring a claim, a grant of probate means that only certain parties will fit within the circumstances of the case for compensation.

Below, we list some of the leading laws governing inheritance provision for the family. We’ll then turn briefly to who specifically can make a claim under the inheritance laws.

Critical Inheritance Acts Over The Years

Inheritance (Provision for Family and Dependants) Act 1975

This is the coup de graçe of all provisions regarding inheritance rights and claims. It attaches not just monetary assets as provisions of the deceased’s estate, but also any property and holdings.

Moreover, this can even include holdings disposed of in the six years prior to death.

Inheritance (Family Provision) Act 1938

The 1975 act is an update of the Inheritance (Family Provision) Act 1938. The 1938 version effectively establishes persons that can apply to the court for financial provision. In essence, the Act states the following.

Without overruling the terms of the will, it gave the surviving spouse and the dependent children the right to apply to the court for maintenance out of a deceased person’s estate.

Inheritance and Trustees’ Powers Act 2014

Time coupled with changing mores brought the law’s appreciation for modern family structures. The 2014 Act addresses matters equalising the rights of both a spouse/civil partner of the deceased to make a claim. It also tackles what had been more absolute rights of the spouse to the first £270,000 of an estate plus personal belongings.

Additionally, a child of the deceased gains additional rights to financial resources as a beneficiary of the estate. Now, the child does not need to enter into the parent/child relationship as a result of marriage.

Administration of Estates Act 1925

From the 1925 Act came many of the succeeding acts and amendments to modernise the law, too. Personal property (aka “Chattels real”) was finally coupled with real estate in the estate’s size and nature.

Here’s a relevant side note: This law repeals up to 12 different acts regarding estate circulation.

Who Can Make Inheritance Act Claims By Law?

According to the Inheritance Act 1975, certain people can offer claims according to their own personal obligations and responsibilities. These people are:

A spouse/civil partner of the deceased.
A former spouse/civil partner.
Children of the deceased, including children or adoption or those reasonably brought into a family.
Financial dependants of the deceased.
In certain cases, cohabitees, who nevertheless must meet certain criteria.

How Courts Review Inheritance Act Claims

In many circumstances, claims under The Inheritance Act can be resolved by mediation. Working together with all parties, you may not have to go to court.

That said, it’s not always true that your claim will avoid the court system. Accordingly, one question we often receive is about the procedure for inheritance act claims.

Basically, when someone makes these claims, there are several factors (aka Section 3 Factors) the court will weigh and judge.

First off, the court considers the claimant’s financial needs in both the present and foreseeable future.
Next, the court weighs the financial needs that any other claimant might have.
Additionally, they’ll look at the financial needs of any beneficiary of the estate.
Specifically, any financial obligations the late party had to any claimant/beneficiary under The Inheritance Act.
Another considerable factor is the size and nature of the estate left behind.
Not to mention, any eligible claimant/beneficiary who has a physical or mental disability.
Some other matters can become relevant. These include any so-called relevant behaviour(s) and conduct of the claimant or any other person.

Is There A Time Limit On Making Inheritance Act Claims?

Specifically, you have six months after the Grant of Representation (i.e. Grant of Probate) to make an Inheritance Act Claim.

Uniquely, it’s not out of the question that when this limit expires you cannot make a claim. First, you need to contact the court, who furthermore must grant your right to make such a claim. Of course, it’s much easier to stay within the half-year window and remove all doubt.

Speak With The Inheritance Experts

Speak today with one of our inheritance experts: we can help you build a solid inheritance act claims case. We can even help if you are an executor who is managing an estate under contest. Similarly, we understand Inheritance Tax and other financial affairs associated with the estate. For more on contesting a will and Inheritance Act claims, read about:

The Process of Contesting a Will: Some Key Points

Posted on 22 May 2020 by DanS

The process of contesting a will in England and Wales demands that you take several things into account. Namely, you need to take stock at the early stages to understand if the will is valid legally.

You’ll also need to check your own capabilities in handling potentially contentious probate. It won’t be easy with siblings, children, loved ones and all other parties added into the process. Furthermore, you’ll get into the weeds of some rather difficult issues.

Checking medical records of others (including the deceased party).
Investigating potential actions of undue influence.
Alternatively, understanding of what life looks like as a losing party after contesting a will.

Admittedly we have some bias on the matter of what kind of solicitors you should turn to. However, a no-win, no fee Inheritance Experts solicitor specialising in probate registry challenges definitely helps. Below, we’ll walk through elements of the process of contesting a will.

The importance of The Inheritance Act of 1975

For the sake of clarity, the above law’s long name is the Inheritance Provision for Family and Dependants Act 1975. In short, the Act is one of the most important legal documents pertaining to the process. The main thrust: stipulating the validity of a person to bring a claim against an estate.

Notably, as The Gazette puts it in challenging the myths of this law:

“the Inheritance (Provision for Family and Dependents) Act 1975 makes provision for a court to alter the distribution of the estate of a deceased person. …To any spouse, former spouse, child, child of the family or dependant of that person. …In cases where the deceased person’s will or the rules of intestacy fail to make ‘reasonable financial provision’.”

If the process goes forth, a claimant alleges the will didn’t make a reasonable financial provision for them. More recently, amendments to the law now account for the rights of civil partners in the process.

So who can undertake the process of contesting a will?

To summarise who has access to make a claim, take note of the following categories below.

Firstly, direct family members, including children or grandchildren.
Secondly, a spouse or civil partner can challenge a will.
Any beneficiaries (for this to occur, a previous will must specifically name the beneficiary in question).
Any person reliant on the deceased financially.
A person who expects an item by the late party, but the stipulation doesn’t show up in the will.
There’s also the matter that any creditor that the late party still owes money to is part of the process.

Essentially, being part of the family, being an ongoing beneficiary, or even a friend clearly helps your case.

What parameters allow you to enter the process of contesting a will?

Here, we’re going to address the four parameters you must meet before you contest a will.

Firstly, you need to have the legal right to contest the will.
Secondly, you must have a valid reason or sufficient grounds for contesting the will.
Third, you’ve made this contesting of the will before the time limit has run out.
Finally, you must raise sufficient evidence that supports your claim.

Which begs the question: have you met any of these requirements? If so, contact our inheritance specialists as soon as possible. In turn, you can make a challenge before the grant of probate. Probate, remember, means that the will has been proven to be valid.

Some of you will surely ask, What about contesting a will after probate? Yes: it can, and we address it on our Contesting a Will page.

How a solicitor helps you in the process of contesting a will

Your solicitor will work with you so that you understand all areas of the law.

One of the first steps to doing this is to apply for a copy of the death certificate. With that, you’ll have critical legal document information like name and last permanent address for the deceased.

Your solicitor will work with you to build up a strong case in your favour. The process will then move to mediation, and, beyond that, the court system.

What legal grounds allow you to contest a will?

The readers of our blog will note that we’ve written previously in Do I Have the Legal Right to Dispute a Will? Below, we share several legal grounds for contesting a will.

No valid execution of the will

If certain formalities are not met, a will may become invalid. Some include:

It needs to be in writing (typed or handwritten)
Additionally, it has the signature of one of two parties.
- Ideally, the testator his or herself, although this may not always be possible.
- Alternatively, another person signs the will in the testator’s presence (complete with his/her direction).
Moreover, when the testator signs the will, they truly want it to take effect.
Ultimately, these actions occur in the presence of a minimum of two witnesses.*

No knowledge or approval of the will

This reinforces the above scenario about the need for multiple witnesses.

Undue influence

Accordingly, you can challenge the will over undue influence. The fact is, some parties may exert undue influence over a vulnerable testator. If they’re not sound of mind, this can be an especially sensible set of grounds for a challenge.

Revocation

Intention is critical when ruling for revocation of the will.

Effectively, a will is invalid if the destruction of the will occurs. There are two key factors in proving this with your challenge.

First, either the testator or someone in their presence and at their direction destroys the will.
Additionally, those above parties – in destroying the will – do so in order to revoke the will.

Lack of testamentary capacity

Effectively, this means the will was created and/or amended when the testator was not of sound mind or mental capacity. The issue often arises in cases where Alzheimer’s Disease becomes a factor for the testator. Such a will could be subject to unintended influence.

Above all, it’s critical that you have the evidence to prove a lack of testamentary capacity.

If you seek legal advice to challenge a will, contact The Inheritance Experts today.

More about Will disputes

We offer a wealth of insights here on this blog regarding will disputes and inheritance challenges.

*Additionally, the will must be both signed and witnessed by those parties.

Key Terms to Know For a Family Dispute Over Will

Posted on 11 May 2020 by DanS

A family dispute over wills exacerbates what’s already a difficult period of time for any family. Throw the struggle amongst siblings and extended family members over the legitimacy of a legal document aside. Above all, there’s the added pressure of the loss of a valued loved one.

In time, you’ve got a recipe for family business disaster. Just tack on a few ingredients:

First off: money.
Then add on real estate.
Not to mention the additional non-family parties involved in probate.
Some sibling disputes always give the recipe a bit of zest.
Finally, the intricacies of a blended family (where applicable).

So there are some questions you’ll undoubtedly have about the process of disputing a will. The one we aim to answer below is “What language are these lawyers speaking?”

Family Dispute Over Will Terminology Guidance

In this piece, our goal is to lay out the key players and common vocabulary involved in a will dispute. The Inheritance Experts know the subject inside and out. So treat this post as an A-to-Z guide of definitions for the personnel and terms involved in any probate.

PERSONNEL

Administrator / Estate executors

These are different, but they have relatively similar roles at the end of the day.

If no will exists or the will does not name an executor, an administrator will be appointed.

If a will does exist and such a person is appointed to administer the will’s intentions, that person is an estate executor(s). By designation, this person or these people are declared in the will by the deceased as the party best equipped to carry out the wishes of the deceased person.

An estate executor presents the will for probate to a judge. By law, funds and assets are frozen from disbursement amongst beneficiaries until a probate judge approves it.

Beneficiaries

This is the common area where sibling rivalry comes into play. In general, a beneficiary is any party or person in the will who becomes a recipient of assets or monies within the estate plan.

Please note that this can include matters of sentimental (as opposed to monetary) value. For instance, assets such as a pet, figurine, rose bush or toy can fall into the designation of sentimental value.

As you can imagine, some beneficiaries aren’t going to be satisfied.

Discretionary beneficiaries

These are individuals or entities that a grantor names in a trust, life insurance policy, or retirement plan. What makes them different from regular beneficiaries is that they have no legal proprietary interest.

Estate Planning Attorney or Personal Representative

This is a specialist solicitor whose expertise lies in advising clients in planning their estate. As a result, these lawyers know the laws and intricacies surrounding the creation of a will.

Guardian

A guardian is a person who can look after the interests of a child in estate matters. In Scotland, the age constituting the need for a guardian is 16; elsewhere in the UK, children are under 18 years old.

Trustee

If a certain beneficiary is unable to hold property yet, a trustee will do it for them until they are permitted. Furthermore, the trustee is responsible for administering the trust assets.

With a family dispute over wills, things can get contentious. So it helps to know the terminology and principles involved.

PROCEDURAL TERMS

In the process of handling the family dispute over wills, there’s certain common vocabulary you’ll need to be aware of.

Assets

Assets, in short, consist of property owned by the person who died. These include a house, household goods, savings or investments.

Bequest & Chargeable Gift

A bequest covers gifts disseminated in the will.

Chargeable gifts are similar but are so valuable as to require payment of an inheritance tax.

Codicil

This is a document that has the power to amend (but to be clear, does not necessarily replace) a will. Because a codicil has the power to adversely affect a will, a re-write tends to be the more common course of action.

Grant of Probate

A grant of probate is an official legal document from the Court confirming that the will’s executor has the authority to act. In turn, this document validates a will and makes the distribution of the assets possible.

In Scotland, this document is a Confirmation of the Estate.

Inheritance tax

This is the tax monies payable when an estate exceeds the current inheritance threshold. As of 2020, this amount includes estates at or above £325,000.

Intestate

In short, an estate becomes intestate when the person dies and they don’t subsequently leave a legally valid will.

Legacy

A legacy applies to a specific gift or cash item left in a will (the rose bushes, for instance). Any property, however, cannot be a legacy gift.

A gift of money is a Pecuniary legacy.
When the legacy is a specific gift or object, it’s a Specific legacy.

Residue

This is a term that addresses the remaining balance of the estate after all payments have been made. In essence, these payments include funeral expenses, debts, legacies and any other taxes.

The party who is receiving the residue balance is a Residuary beneficiary.

About the Inheritance Experts and a Family Dispute Over Will

This post is part of our ongoing series covering issues about contesting a will and securing your inheritance. Our goal is to keep you informed on the latest issues and risks involved with disputing wills and probates.

Who Has Contesting a Will Rights?

Posted on 19 February 20207 July 2020 by Jonny

If you are considering your contesting a Will rights, it is important to make sure that you are legally allowed to raise a dispute.

One of the main criteria for deciding if a person is entitled to contest a will is whether or not they belong to one of six defined groups that are considered to have the legal right to challenge a will or probate process.

In this guide, we will outline these six groups, along with some of the complex rules that define each group.

Family members

Whether you are related by marriage or by blood will play a factor in determining your right to contest a will. Those family members that are blood relations are in the Inheritance Act, together with a specific list that names relatives that can make a claim for declaring a will invalid.

Even if you aren’t a blood relative, your relationship with the testator will be taken into account. Moreover, you do have legal protection in those cases as well.

Understand contesting a Will rights in England or Wales? Learn more

Beneficiaries of contesting a Will Rights

As a beneficiary in a will, you have a legal entitlement to inherit your piece of the will. Consider two things that the executors of the will might not do.

First: what if they don’t pay you the sum the testator left to you?
Additionally, what if they don’t hand over any items the testator left to you in the will?

You’d have grounds to make a claim. This way, you ensure that you receive exactly what you deserve. By not executing the testator’s wishes as to the will states, it would be the case that the executor is acting unreasonably in their legal duties.

Furthermore, as a beneficiary, you can also dispute the division of the rest of the will. Especially if you consider the division of the deceased’s estate to be unreasonable. It is worth remembering that, when considering a will, the ‘estate’ is not just property, but also entails the whole lot. All of the testator’s possessions, cash holdings, savings accounts or investments, and even the land they own.

Therefore, consider if you were in business with the testator as an equal partner. Next, the other business partners receive a greater share of the business than you were. Accordingly, you may feel that this is unfair and want to contest this.

Beneficiaries of earlier wills

As new people come into their lives, people do change their wills and will add these new people in. As a result, people previously in a will may be subject to removal. For example, if a person divorces and then remarries. It’s understandable that they would remove their ex-spouse from their will and replace them with their new spouse.

However, if you’re in an earlier version of a will but not the recent version, you can dispute the will. But only if you can prove that there is a valid reason why you should still be a beneficiary.

For example, say your ex-spouse pays you child maintenance to support the child(ren) you had together. But then the spouse dies, leaving you nothing in the will to help with the upbringing of your child(ren). Then it would be understandable that would want to contest their will.

With this example, any money or other part of their estate your ex-spouse leaves to your child(ren) belongs to them. Most likely, it goes into a trust until they reach adulthood. This money is not for you to use to raise them. You would need to make a separate application for the will to provide continued child maintenance payments.

In addition, this group could at times raise a dispute that causes a criminal investigation to commence.*

Creditors and contesting a Will rights

If you are someone the testator owes money to, you can claim this debt from the testator’s estate. If this is you, you should first try to have what is known as a Section 27 notice sent out. This can be a providence to help those the testator owes money to.

Broken Promises

Among contesting a will rights, this is a particularly major one.

Say you were relying on inheritance for your future that the testator says you’ll receive. As a result, you may be able to challenge that person’s will if they don’t follow through on that promise. You should know that this can be a complex area to dispute though. Therefore, seeking legal advice as early as possible is smart.

You’ll need to prove the promise was made, and that you’re suffering as a result of the promise being broken.

Financial dependents

Even if you are not related to the deceased, you may be able to to make a claim to their part of their estate if it can be shown that you were financially dependent upon the deceased, whether this was monetary or in the form of accommodation.

This group has protection under the Inheritance Act, so you will normally need to make this claim within six months of the probate date.

How we can help with contesting a will

If you fall under any of these categories, there is a chance that you may be able to successfully contest a will.

However, it’s essential that you take appropriate advice before contesting the will.

This is where The Inheritance Experts come in. Following your free, no-obligation discussion with us, we will transfer you to a specialist solicitor. Your solicitor is keen to challenge the will or probate process on your behalf given the circumstances of your claim. In turn, it helps you to get the share of the estate that you deserve.

If you are contesting a will you have not been named in or which you feel is unfair, do not hesitate to contact us via the contact form on our website or by calling 0161 413 8763.

*Particularly if it can be shown that they have been taken out of a will due to fraud or a person wielding undue influence on the testator. Especially when they were not in a fit state to be making decisions about amendments to their will.

How to Contest a Will

Posted on 17 February 20206 July 2020 by Jonny

If you are considering contesting the will of a relative, it is vital that you are aware of the processes before you start to contest it. That’s true whether you believe that

the will is unfair;
it isn’t legally valid, or;
the testator suffers from undue pressure into making certain people beneficiaries.

This guide will help you to navigate the often complex world of contesting probate.

Contesting a will or contesting the process of probate when a will is valid can only be done by certain people. These people include the testator’s

living relatives;
those who were a beneficiary in a previous will, and;
those with significant reason to believe they’re a beneficiary in the latest will. For instance, if a promise has been made to the person by the deceased.

In addition, a contest of probate must also fall under one of a few categories. These categories include:

For instance, the will is invalid.
Also, the testator lacking mental capacity at the signing of the will.
Additionally, the will & testament is a forgery.
Finally, the testator faces coercion or pressure when drawing up the will.

It is also important to remember that the time limits for contesting probate are strict. Therefore, you should make sure that you contest the will or the probate process within six months in some cases. However, in some circumstances, there is no time limit as to when you can contest the will.

How to Contest a Will

Contacting a specialist solicitor

If you are considering contesting a will, it is important to find out whether you have a viable claim. This is where The inheritance Experts come in – one of our advisors will speak to you on a free, no-obligation basis and will advise you whether you have a valid claim that has a good chance of success depending upon the facts.

Finding Grounds and Evidence

So, you have a claim that potentially has a good chance of success and you choose to go forth. We’ll put you in touch with a specialist solicitor with experience in wills and probate cases. They’ll also have a track record in achieving positive results for their clients.

Together, you will collect any evidence that you need to make your case. Subsequently, your solicitor will advise you what the best grounds are to contest the will.

Mediation

Once this is done, most solicitors will suggest mediation with the other beneficiaries. Often, this is the best possible first step to attempt to resolve the dispute.

During mediation, you will hold a discussion with the other beneficiaries. A third party without bias leads the discussion, helping you manage your disputes. This is with the aim of resolving any existing issues, any further issues that arise during the discussions and, ultimately, guiding all of the beneficiaries to a conclusion that everyone is happy with. In many cases, mediation will resolve the claim, and the case will not need to continue.

Going to Court

If there’s no resolution through mediation though, it will go to a probate court. There, a judge will balance the evidence and decide the merits of each beneficiaries’ claim. Also, they’ll consider the wishes the testator expresses in their will.

Going to court can be a long and costly process though, and you may not receive a result for a number of years if the judge is unable to make a decision. As we say, the case progressing to court is also extremely expensive. Moreover, if you lose, you may have to pay the other beneficiaries’ legal fees in full.

How to contest a will with our help

At The Inheritance Experts, we work with specialist law firms who have a proven track record in handling wills and probate disputes. This means they are well-placed to help you get the proportion of the estate you are entitled to.

If you believe you have grounds to contest a will and want to know if you have a realistic claim, do not hesitate to get in touch with The Inheritance Experts via the contact form on our website or by calling 0161 413 8763.

Why you should draw up a will

Posted on 11 February 20208 July 2020 by Jonny

Ah, Wills: it may seem like something you don’t need to do for a long time. Yet there are multiple reasons why you should consider drawing up a will now.

For example, if you have children, a will can clearly state who your child(ren)’s legal guardians would be. Also, who you would want to take care of them in the event anything were to happen to you.

Similarly, you can also specify how those guardians bring up your child(ren) too. For example: should they go to religious schools for their education? Will the child(ren)’s grandparents have access rights?

In addition, you can also use your will to specify what your wishes are for your funeral. This does not simply have to be whether you choose burial or cremation. It can also include

any songs to play during the ceremony;
where you like the ceremony to be held, and;
what you would like to happen to your ashes if you do choose cremation.

Other things you can do in a Will

Some people also use their will to specify that they want to donate their body to a medical research facility, such as the UK Biobank. Or they specify that they wish to donate their organs, too. On this, we would say that you should speak to your friends and family about your wishes too though.

Furthermore, by drawing up a will, you can also state clearly who you want to get what aspects of your estate. To be clear, a person’s ‘estate’ does not refer solely to any property they own, such as a house or a flat, but also all of their possessions and any money, including the contents of ISAs, saving bonds and any investments.

Decide on property division through Wills

Therefore, through Wills, you can leave your property to your direct next of kin. That might mean your spouse or your child(ren), while also leaving individual possessions to specific people inside and outside of your family.

For example, say you have an ornament in a display cabinet that your best friend admires. With a will, you could henceforth specify that they get it once you pass away. Similarly, you might share a hobby with one of your grandchildren (stamp collecting, perhaps). Accordingly, your will can specify that he/she gets your collection when you pass away. Rather than leaving it up to the frailties of common sense to prevail after your death.

On this, it is worth noting that, if you were to die intestate, the rules regarding statutory legacy changed recently.

It makes sense then to draw up a will. It ensures they divide your estate as you wish; therefore, you’re also helping to squelch the possibility that the division of your estate leads to a dispute following your death.

Accordingly, we’d suggest that it will also help those you leave behind. Rather than having to divide your belongings and the potential squabbles this could cause, they can instead focus on grieving your passing.

What you should do about Wills

In the first instance, make sure that you get a will drawn up! Depending upon the complexity of the will you want to draw up, this needn’t cost the earth either. In fact, a simple will could cost you from around £80 to have drawn up depending upon the firm you use.

But a specialist will involving the creation of trusts, overseas properties, etc, cost over £500 to draw up. On this, please note that national laws may apply if you own land and property in other countries. For example, if you own land or property in Italy, Italian law states that this passes automatically to your children upon your death.

However, say one of your family members dies without having left a will (known as ‘dying intestate’). Or you feel that a family member’s will treats you unfairly and the estate is now in dispute. It’s a good idea to speak to someone with experience in the areas of contesting a will or contesting probate.

More About Us

At The Inheritance Experts, we work with specialist legal firms who have a proven track record in handling wills and probate matters. This means they are able to help you get the proportion of the estate you deserve. After your initial consultation with our advisors, which is done on a free no-obligation basis, we will match you with the firm that best suits the circumstances of your claim.

If you believe you are due a portion of an estate and want to know if you have a fair and realistic claim to some or all of it, do not hesitate to get in touch with The Inheritance Experts via the contact form on our website or by calling 0161 413 8763.

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