Skip to Main content

Search results for ''...


Sorry, there were no results

Newsletter sign up

I would like to receive newsletters, event invitations and publications from Thomson Snell & Passmore by email on the following topics (tick all those that apply) and consent for my data to be processed for this purpose.

We respect your privacy and want news to be relevant. To either, click here or update your preferences by emailing us at info@ts-p.co.uk. Your personal data shall be treated in accordance with our & .

Get in touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

Newsletter sign up

I would like to receive newsletters, event invitations and publications from Thomson Snell & Passmore by email on the following topics (tick all those that apply) and consent for my data to be processed for this purpose.

We respect your privacy and want news to be relevant. To either, click here or update your preferences by emailing us at info@ts-p.co.uk. Your personal data shall be treated in accordance with our & .

Get in touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

1.     Who can claim?  

Inheritance Act claims can only be made by certain classes of people; they are:

•    Spouse or civil partner of the deceased 
This class includes a spouse / civil partner who was separated from the deceased at the date of death. It may also extend to an ex-spouse or civil partner, provided they have not remarried or entered into a new civil partnership, and provided a court order has not removed the right to claim.
•    Cohabitees
To be an eligible cohabitee, you must have lived with the deceased within the same household in a husband and wife like relationship for a period of at least two years before the death. 
•    Children of the deceased
This class is not limited to biological children, nor to minor children. It includes adult children, those who were legally adopted, or those who were treated as children of the deceased. 
•    Other dependants
A dependant can be someone who received maintenance from the deceased prior to their death. What constitutes maintenance is not always easy to determine, however it could include regular gifts made during the deceased’s lifetime or allowing someone to live in the deceased’s house rent-free during the deceased’s lifetime.

2.    What can you get? 

For most classes of applicant, the award will be measured by reference to what is reasonable for their maintenance. Reasonable maintenance is given its everyday interpretation, so that a person who is able to maintain themselves is unlikely to obtain any award.
Where the claim is made by a surviving spouse or civil partner, though, the award of the court will represent what is reasonable in all the circumstances, and is not limited to what is required simply for maintenance.

In terms of the types of award that can be made, the court has a wide discretion.  It can, for example, order the transfer of a property, a lump sum payment, periodical payments, or the creation of a life interest.  

3.    What does the court take into account? 

When considering whether the provision that has been made is reasonable and, if not, what other provision ought to be made, the court will take into account: 

•    The financial resources and needs of the applicant and of any other applicant, both now and in the foreseeable future
•    The financial resources and needs of other beneficiaries, both now and in the foreseeable future 
•    The deceased’s moral obligations towards the applicant and other beneficiaries / applicants
•    The size and nature of the estate
•    Any physical or mental disability of the applicant and any other beneficiaries / applicants
•    Any other relevant factors, such as the applicant’s conduct.

4.    How long do I have to make a claim? 


There is a deadline for bringing an Inheritance Act Claim, which is 6 months from the date of the Grant of Probate or Letters of Administration where the deceased died intestate (i.e. without leaving a will).  

In limited circumstances, applications can be made after the 6 month period has expired.  This, however, will complicate the claim and reduce its prospects of success. 

The important thing to recognise is that Inheritance Act claims are incredibly time sensitive, so if you believe you might have a claim, you should seek advice immediately.

5.    Can I prevent the estate from being distributed before my claim is considered?

A claim under the Inheritance Act can be made prior to a Grant of Probate or Letters of Administration being taken, in which case no distributions out the estate should have been made. Once the Grant has been produced, the executor is free to administer the estate. 
A well advised executor / administrator aware of an issued or threatened claim should delay the administration of the estate until the claim is resolved. However, an executor / administrator unaware of the claim will proceed with the administration.  This is why a claim under the Inheritance Act should be pursued as soon as possible, and any court proceedings issued no later than 6 months following the Grant.

6.    Who needs to be involved in an Inheritance Act claim? 

All relevant parties with an interest in the administration of the estate should be joined as parties to the claim.  This is because any award will have an impact on their right or entitlement.  

The executor(s) or administrator and/or any trustees appointed under the will, as well as all beneficiaries whose entitlement to inherit will be affected by the award (most often only residuary beneficiaries), must be put on notice of the claim and be made parties to any court proceedings.  

Newsletter sign up

I would like to receive newsletters, event invitations and publications from Thomson Snell & Passmore by email on the following topics (tick all those that apply) and consent for my data to be processed for this purpose.

We respect your privacy and want news to be relevant. To either, click here or update your preferences by emailing us at info@ts-p.co.uk. Your personal data shall be treated in accordance with our & .

Get in touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

^
Jargon Buster