Inheritance Act Claims
Carr & Co specialise in acting for claimants or defendants in Inheritance Act Claims under the Inheritance (Provision for Family and Dependants) Act 1975.
The Inheritance Act is there to assist spouses, children, cohabitee’s, surviving dependants or civil partners who have been left to cope without sufficient funds; for example if they have not received reasonable financial provision.
There are four tests which must be satisfied before an application can be made under the Inheritance Act and these are as follows:
- The deceased must have been domiciled in England and Wales at the time of their death.
- The applicant must be entitled to apply taking into account Section 1 (1) (a) – (e) of the 1975 Act.
- The applicant must be alive at the time of the application and remain alive until its determination.
- The application must be made within six months of the grant of probate or letters of administration. The court does have the power to extend the time limit if an application is made by the applicant however certain tests will apply and it is important to seek legal advice at the very earliest opportunity.
Once it has been determined that a person is entitled to bring an application then the court will take a number of other factors into consideration as set out under Section 3 of the Inheritance Act.
At Carr & Co we advise both individual claimants considering making a claim for financial provision and for beneficiaries who wish to defend their interest under a disputed Will.
If you are considering making an Inheritance Act claim we would urge you to arrange an appointment with a specialist advisor as it is important for anyone embarking upon an application within the Inheritance Act to consider how much it will cost and how that cost will be paid.
Carr & Co provide practical advices whilst taking into consideration that this may more than likely be a delicate and distressing time for all involved.
Contact us today to arrange an appointment at your convenience.