The aim of the Inheritance (Provision for Family and Dependants) Act 1975 is to make further financial provision for those who have not inherited as a result of intestacy (where there is no will); have been left out of a will entirely; or have not been left as much as they need.
In a case where reasonable financial provision has not been made, the Inheritance Act enables the court to vary the distribution of the deceased’s estate for certain family members and dependants. With the exception of a surviving spouse or civil partner (who is entitled to more), anyone else claiming under the Inheritance Act 1975 is entitled to such reasonable financial provision as is necessary for their maintenance, insofar as the estate can provide it. A spouse or civil partner is entitled to such financial provision as is reasonable in all the circumstances, ‘whether or not that provision is required for his or her maintenance’.
We regularly act for clients who want to bring or defend Inheritance Act claims. We are also very experienced in assisting in situations where the parties agree that the provisions of a will need to be altered but need help in working out the details. This is particularly common where children are involved or where there are issues regarding potential tax consequences. Whatever the Inheritance Act issue, we have the experience necessary to help you.