Inheritance Act Claims Solicitors
Losing a loved one is one of the most difficult experiences a person can face. Discovering that you have been left out of their Will, or that you have not received what you believe to be a fair share of their estate, can add considerable pain and confusion to an already distressing time.
If you believe you have been unfairly excluded or inadequately provided for, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
At JNP Legal, our specialist inheritance act claims solicitors are here to guide you through what can be a complex and emotionally challenging legal process.
Whether you are considering making an inheritance act claim or you need to defend one, our experienced Dispute Resolution team will provide clear, practical advice tailored to your circumstances. We act for clients across Wales and beyond from our offices in Merthyr Tydfil, Cardiff, Nelson and Pontyclun.
Contact our Inheritance Act Claims Solicitors in Merthyr Tydfil, Cardiff, Nelson and Pontyclun
We serve clients across Wales and beyond from offices in Merthyr Tydfil, Cardiff, Nelson and Pontyclun.
Email us at law@jnplegal.org, or call the number specific to your local office. Alternatively, fill out our Get in Touch form, and our team will be more than happy to help.
Why Choose JNP Legal'sDispute Resolution Team?
Our inheritance act claims solicitors have comprehensive experience supporting individuals and families through what can be an emotionally and legally complex process. We provide clear, practical advice at every stage, from assessing the merits of a potential claim to representing clients in court when required.
We understand that disputes involving a loved one's estate can place considerable strain on family relationships, and we are committed to handling every matter with sensitivity, professionalism and care. Our aim is always to resolve matters as efficiently as possible, with minimum distress to those involved.
As a firm, we hold the Law Society's Lexcel practice quality mark, reflecting our commitment to the highest standards of practice management, compliance and client care. We also hold the WIQS accreditation, which reflects our expertise in Will writing and estate management.
Our Inheritance Act Claim Expertise
Making an Inheritance Act Claim
If you have been excluded from a loved one's Will or feel that the provision made for you does not adequately reflect your financial needs, you may have grounds to make an inheritance act claim. The law recognises that certain categories of people, including surviving spouses, children and dependants, may have a right to reasonable financial provision from an estate, even if a Will suggests otherwise.
Our solicitors will carefully assess your situation, advise on the strength of your claim and guide you through the legal process from start to finish. We work to resolve matters as efficiently as possible, whether through negotiation, mediation or proceedings before the court. Inheritance Act claims can also intersect with contentious probate matters, and our team is well placed to advise across both areas.
Defending Against an Inheritance Act Claim
If you are an executor, beneficiary or personal representative and a claim has been made against an estate you are involved in, we can help you respond effectively.
Defending an inheritance act claim requires a thorough understanding of both the legal framework and the circumstances of the deceased, and our solicitors will work closely with you to protect the interests of the estate and its beneficiaries.
We will assess the merits of the claim being made, gather relevant evidence and represent your interests throughout the process. Our goal is to achieve a fair resolution as efficiently as possible, minimising unnecessary cost and stress. For broader estate administration matters, our probate solicitors can also provide support.
Frequently Asked Questions About Inheritance Act Claims
An inheritance act claim, formally known as a family provision claim, is a legal challenge brought under the Inheritance (Provision for Family and Dependants) Act 1975. It allows certain individuals to apply to the court for reasonable financial provision from a deceased person’s estate where a Will, or the rules of intestacy, fails to make adequate provision for them.
Under the Inheritance Act 1975, the following categories of person are eligible to bring a claim:
- A spouse or civil partner of the deceased
- A former spouse or civil partner who has not remarried
- A child of the deceased (including adult children)
- A person treated as a child of the deceased’s family (for example, a stepchild)
- A cohabitant who lived with the deceased for at least two years immediately before their death
- Any other person who was financially maintained by the deceased immediately before death
The cost of bringing or defending an Inheritance Act claim will depend on the complexity of the case, the value of the estate and whether the matter is resolved through negotiation or proceeds to court.
At JNP Legal, we are committed to transparency around costs and will provide clear guidance from the outset. We would encourage you to discuss funding options with us, as some cases may be suitable for a conditional fee arrangement. Please visit our lifetime planning and probate page for more information on our broader services.
Inheritance Act claims time limits are strict. In most cases, a claim must be issued within six months of the date of the Grant of Probate or Letters of Administration. Whilst the court does have limited discretion to extend this period in exceptional circumstances, it is strongly advisable to take legal advice as early as possible. Delaying can significantly affect your ability to bring a successful claim.
The categories of person who can bring a claim under the Inheritance Act 1975 are set out above. It is worth noting that eligibility to claim does not guarantee success, the court will consider a wide range of factors, including the financial needs and resources of the applicant, the size of the estate, and the needs of any other beneficiaries.
The success of an inheritance act claim will depend heavily on the specific facts of each case. Courts consider factors such as the claimant’s financial needs, their relationship with the deceased, the size and nature of the estate, and the circumstances in which the Will was made.
Many inheritance act claims are resolved through negotiation or mediation before reaching court, which can offer a more cost-effective and less stressful outcome for all parties. Seeking specialist legal advice early gives you the best chance of achieving a favourable result.
Yes. Adult children are included among those who can make an inheritance act claim under the 1975 Act. However, the court applies a different standard when assessing provision for adult children compared to minor children or a surviving spouse.
Adult children typically need to demonstrate a particular financial need, rather than an expectation of inheritance. Each case is assessed on its own merits, and we recommend seeking advice to understand your prospects before proceeding.
Reasonable financial provision is the standard the court applies when deciding whether an estate has made adequate provision for a claimant. What is considered reasonable will differ depending on the claimant’s relationship to the deceased.
For a surviving spouse or civil partner, the court may apply a more generous standard, taking into account what they might have received had the marriage ended in divorce. For other claimants, the court considers what would be reasonable in all the circumstances to meet their financial needs and responsibilities.
If you have been entirely excluded from a Will, you may still be able to bring a claim under the Inheritance Act 1975 if you fall within one of the eligible categories outlined above.
Being omitted from a Will entirely does not prevent you from seeking reasonable financial provision from the estate.
Separately, if you believe a Will is invalid, for example, because it was made under undue influence or without proper mental capacity, you may also wish to consider a contentious probate claim.
Our Wills solicitors can advise on the most appropriate route for your circumstances.
Contact our Inheritance Act Claims Solicitors in Merthyr Tydfil, Cardiff, Nelson and Pontyclun
We serve clients across Wales and beyond from offices in Merthyr Tydfil, Cardiff, Nelson and Pontyclun.
Email us at law@jnplegal.org, or call the number specific to your local office. Alternatively, fill out our Get in Touch form, and our team will be more than happy to help.