Whilst generally speaking a person is entitled to direct what should happen to their estate following their death, there is important legislation (Inheritance (Provision for Family and Dependants) Act 1975) which permits certain individuals who were dependant on the deceased prior to their death to claim for provision for maintenance. Surviving spouses and civil partners may be entitled to more. 

If you have been left out of a will entirely, not inherited as much as you need, or not inherited as a result of the Intestacy Rules where there is no will, you may be able to claim under the Inheritance Act.

Our lawyers have experience bringing and defending claims under the Inheritance Act 1975 and can also advise in relation to amending wills. Toby Walker, Partner and Head of Dispute Resolution, is a member of ACTAPS – The Association of Contentious Trust and Probate Specialists.

If you think you may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975, you will only have 6 months from the grant of representation or probate to bring a claim. You should therefore get in touch as soon as possible to discuss your potential claim.