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Inheritance Act Claims

Inheritance Act Claims

If you find yourself excluded from a will or facing financial hardship due to the absence of a will, you may have grounds to pursue an Inheritance Act claim.

Our team of solicitors specialising in Inheritance Act matters boasts extensive experience in securing optimal financial provision for our clients swiftly and efficiently. Whether advocating for claimants or defending against claims, we maintain a proven track record of prompt and cost-effective resolutions.

What is the Inheritance Act 1975?

The Inheritance (Provision for Family and Dependants) Act 1975, commonly referred to as the Inheritance Act, empowers specific individuals to seek financial provision from an estate. Enacted by Parliament, this legal framework enables eligible parties to make claims against the assets of a deceased individual.

Surviving spouses or civil partners are entitled to reasonable financial provision under all circumstances, regardless of their necessity for maintenance. This typically ensures that a surviving spouse or civil partner can maintain the same standard of living enjoyed prior to their partner’s passing.

Other individuals seeking relief under the Inheritance Act are entitled to reasonable financial provision necessary for their maintenance, provided the estate can accommodate such provisions.

When Can You File an Inheritance Act Claim?

Our team of specialised solicitors is here to assist you in initiating an Inheritance Act claim under the following circumstances:

  • The deceased passed away without a valid Will (referred to as intestacy).
  • You have been omitted from the Will.
  • The provision left for you in the Will is insufficient to meet your needs.

Inheritance Act Time Limits

You are afforded a six-month window to lodge an Inheritance Act claim, commencing from the date probate is granted. Should you find yourself beyond this timeframe, there may still be avenues available, as certain circumstances may warrant an application for an extension. We encourage you to reach out to us promptly if you believe you have a valid claim.

Claims by spouses or civil partners of the deceased
Claims by ex-spouses/civil partner of the deceased
Claims by cohabitees
Claims by children
Claims by someone being maintained by the deceased immediately before their death
Claims by spouses or civil partners of the deceased

Under the Inheritance Act 1975, a widow or widower typically holds a notably robust claim against the estate. Courts tend to be more lenient in favor of widows/widowers compared to, for instance, adult children making claims under the Inheritance Act, where the provision is often less substantial.

Widows and widowers can typically anticipate maintaining the same standard of living they had while their partner was alive, provided the estate’s size permits. Should such provision not be made for them, the court retains the authority to intervene and rectify the matter.

Claims by ex-spouses/civil partner of the deceased

If your former spouse or civil partner has passed away without leaving adequate financial provision for you, you may have grounds to pursue such provision following their death. This option is available provided you have not remarried and there are no existing divorce settlements that prohibit your claim.

For instance, if you have previously agreed to terms in a prenuptial or postnuptial agreement that restrict your entitlement to any inheritance, you might be ineligible to make a claim. To gain a deeper understanding of these regulations and if you are contemplating initiating an Inheritance Act claim for reasonable financial provision subsequent to the passing of a former spouse or civil partner, seeking expert legal counsel is paramount.

Claims by cohabitees

If you have shared a living arrangement akin to that of spouses with the deceased within the two years preceding their death, yet find yourself excluded from the will or inadequately provided for, you may have grounds to file a claim against the deceased’s estate under the Inheritance Act 1975. This provision extends to both heterosexual and same-sex partners of the deceased.

It’s important to understand that the court does not consider periods of involuntary separation, such as those due to work commitments, hospital stays, or if one partner resides in a care facility, as interrupting the two-year timeframe. However, voluntary departure from the shared residence and discontinuation of cohabitation would be regarded as halting the clock for the two-year period.

Claims by children

This could encompass a child of the deceased, whether biological, adopted, or someone regarded as a child of the deceased, such as a stepchild.

In scenarios where a parent has remarried, cohabited with a new partner, or where relationships between children and parents are strained, children may find themselves excluded from a will or inadequately provided for. It’s not uncommon for children to pursue Inheritance Act claims in such circumstances.

A child omitted from a will cannot automatically make a claim against an estate solely based on their status as the child of the deceased. They must demonstrate a genuine need for financial support to be eligible to do so. Inheritance claims by estranged children may prove challenging to substantiate.

Claims by someone being maintained by the deceased immediately before their death

This is a catch all provision within the Inheritance Act 1975 which can be used by people who do not fit within the other categories of people, but still had a relationship with the deceased and were not adequately provided for by the will.

The definition of being maintained is fairly wide and can include the deceased paying or even just contributing to mortgage or rent, paying off debts, paying for school fees or providing someone with a regular income. Anyone who was living with the deceased prior to their death for less than two years may still be able to qualify under this section.

Inheritance Act claims by dependents involves needing to show they were being supported and also the basis upon which that support was being offered and accepted. This is something we can help with when you contact us to enquire about bringing an inheritance claim. Inheritance Act claims by cohabitants can also occur, where they hope to secure a financial maintenance claim from the estate solicitor.

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    IMPORTANT INFORMATION ABOUT OUR COSTS - WILLS & ESTATE PLANS
    IMPORTANT INFORMATION ABOUT OUR COSTS - OTHER ESTATE PLANNING SERVICES
    IMPORTANT INFORMATION ABOUT OUR COSTS - ESTATE ADMINISTRATION SERVICES
    IMPORTANT INFORMATION ABOUT OUR COSTS - DISBURSEMENTS

    IMPORTANT INFORMATION ABOUT OUR COSTS - WILLS & ESTATE PLANS

    All prices are plus VAT & exclude disbursements.

    We charge an initial consultation fee of £60 (£50 + £10 VAT), which is deducted from the total costs charge on your case upon receipt of instructions to proceed.

    In the advice on this page we will try and be as helpful as we can in providing an indication of what our services will cost and how long it will take, but in all cases the exact estimate will depend on what you tell us at the start. Complexities can arise during a case and if they do so we will keep you fully informed as to how the costs situation and timescales may be affected.

    WILL SERVICES

    		 SINGLE PEOPLE COUPLES
    SIMPLE WILL (estate is left to the beneficiaries outright) £220.00 (£183.33 + £36.67 VAT) £330.00 (£275 + £55 VAT)
    TRADITIONAL WILL (some or all of the assets are left in trust for the lifetime of one or more beneficiaries) £390.00 (£325 + £65 VAT) £580.00 (£483.33 + £96.67 VAT)
    FAMILY TRUST WILL (some or all assets are left as a Discretionary Trust for multiple beneficiaries across successive generations) £790.00 (£658.33 + £131.67 VAT) £1,180.00 (£983.33 + £196.67 VAT)
    WILL UPDATE (minor update of existing Will, such as amending executors, guardians, or beneficiaries) £150.00 (£125 + £25 VAT) £225.00 (£187.50 + £37.50 VAT)
    SINGLE LASTING POWER OF ATTORNEY* – Health & Welfare OR Property & Financial Affairs £480.00 (£400 + £80 VAT) + Registration Fee* £720 (£600 + £120 VAT) + Registration Fee*
    BOTH POWERS OF ATTORNEY* – Health & Welfare AND Property & Financial Affairs £720 (£600 + £120 VAT) + Registration Fee* £1,080 (£900 + £180 VAT) + Registration Fee*
    TRADITIONAL ESTATE PLAN (Traditional Will +1 Lasting Power of Attorney) £775.00 (£645.83 + £129.17 VAT) + Registration Fee* £1,100.00 (£916.67 + £183.33 VAT) + Registration Fee*
    TRADITIONAL PLUS ESTATE PLAN (Traditional Will +Both Lasting Powers of Attorney) £1,000.00 (£833.33 + £166.67 VAT) + Registration Fee* £1,450.00 (£1,208.33 + £241.67 VAT) + Registration Fee*
    FAMILY TRUST ESTATE PLAN (Family Trust Will +1 Lasting Power of Attorney) £875 (£729.17 + £145.83 VAT) + Registration Fee* £1,350.00 (£1,125.00 + £225.00 VAT) + Registration Fee*
    FAMILY TRUST PLUS ESTATE PLAN (Family Trust Will + Both Lasting Powers of Attorney) £1,100.00 (£916.67 + £183.33 VAT) + Registration Fee* £1,750.00 (£1,458.33 + £291.67 VAT) + Registration Fee*

     

    ESTATE PLANS

    		 SINGLE PEOPLE COUPLES
    TRADITIONAL ESTATE PLAN (Traditional Will + 1 Lasting Power of Attorney)* £930.00 (£775 + £155 VAT) £1,320.00 (£1,100 + £220 VAT)
    TRADITIONAL PLUS ESTATE PLAN (Traditional Will + both Lasting Powers of Attorney)* £1,200.00 (£1,200 + £200 VAT) £1,740.00 (£1,450 + £290 VAT)
    FAMILY TRUST (Family Trust Will + 1 Lasting Power of Attorney)* £1,050.00 (£875 + £175 VAT) £1,620.00 (£1,350 + £270 VAT)
    FAMILY TRUST PLUS (Family Trust Will on both Lasting Powers of Attorney)* £1,320.00 (£1,100 + £220 VAT) £2,100.00 (£1,750 + £350 VAT)
    DEED OF TRUST WITH REGISTRATION £1,160.00 (£996.67 + £193.33 VAT)
    TRUST UPDATING DOCUMENT (DEED OF RETIREMENT, APPOINTMENT, REPLACEMENT, OTHER) £420.00 (£350 + £70 VAT)

    *NB The Office of the Public Guardian charges a registration fee of £82 per Lasting Power of Attorney. In some circumstances the Office of the Public Guardian will discount or waive this fee. Registration can be delayed for up to 12 months after signing.

    What these prices include;

    • A one-hour initial consultation with you, to discuss your concerns, answer your questions and identify your options.
    • A written summary of our advice, with a written quotation.
    • A draft for your consideration, with a plain-English explanation of the meaning and effect of the wording.
    • All amendments thereafter at your request until you are happy with the wording
    • The final printed and bound version, with clear written instructions on signing and witnessing.
    • For Lasting Powers of Attorney, checking the signed Power of Attorney to ensure that all signatures and dates are compliant with the rules of the Office of the Public Guardian, and submitting the Lasting Power of Attorney to the Office of the Public Guardian for registration.
    • All associated letters, emails and phone calls

    How long it will take;

    • Your written advice and quotation will be with you within 3-5 working days of your initial consultation.
    • Your first drafts will be prepared within 1-3 working days of your decision to proceed.
    • All requested amendments will be prepared within 1-3 working days of your request.
    • Typically, your Will is ready for you to sign in between 1 and 3 weeks.
    • The Office of the Public Guardian typically takes 8-12 weeks to complete the process of registration of a Lasting Power of Attorney.

    IMPORTANT INFORMATION ABOUT OUR COSTS - OTHER ESTATE PLANNING SERVICES

    All prices are plus VAT & exclude disbursements.

    We charge an initial consultation fee of £60 (£50 + £10 VAT), which is deducted from the total costs charge on your case upon receipt of instructions to proceed.

    In the advice on this page we will try and be as helpful as we can in providing an indication of what our services will cost and how long it will take, but in all cases the exact estimate will depend on what you tell us at the start. Complexities can arise during a case and if they do so we will keep you fully informed as to how the costs situation and timescales may be affected.

    OTHER ESTATE PLANNING SERVICES
    Shareholders’ Agreement (an agreement between owners of a limited company stating what will happen to the company’s shares if a shareholder dies) £965 (£804.17 + £160.83 VAT)
    Family Trust Deed (a document taking immediate effect during life, creating a Discretionary Trust to take care of assets for the benefit of multiple beneficiaries across successive generations) £965 (£804.17 + £160.83 VAT)
    Family Trust Deed plus transfer of one property to the appointed Trustees £1,925 (£1,604.17 + £320.83 VAT) + Land Registry Fee**

    **NB The Land Registry charges registration fees on a sliding scale according to the value of the property.

    What this price includes

    • A one-hour initial consultation with you, to discuss your concerns, answer your questions and identify your options.
    • A written summary of our advice, with a written quotation.
    • A draft for your consideration, with a plain-English explanation of the meaning and effect of the wording.
    • All amendments thereafter at your request until you are happy with the wording
    • The final printed and bound version, with clear written instructions on signing and witnessing.
    • For Family Trust Deed with transfer of a property, preparation of a Transfer in respect of the property, with instructions for valid signing and witnessing, followed by submitting the Transfer to the Land Registry
    • All associated letters, emails and phonecalls

    How long this takes

    • Your written advice and quotation will be with you within 3-5 working days of your initial consultation.
    • Your first drafts will be prepared within 1-3 working days of your decision to proceed.
    • All requested amendments will be prepared within 1-3 working days of your request.
    • Typically, the final document will be ready for your signature within 1-3 weeks of your initial consultation.
    • When a Transfer is submitted to the Land Registry, the registration process typically takes 4-6 weeks.

    IMPORTANT INFORMATION ABOUT OUR COSTS - ESTATE ADMINISTRATION SERVICES

    All prices are plus VAT & exclude disbursements.

    We charge an initial consultation fee of £60 (£50 + £10 VAT), which is deducted from the total costs charge on your case upon receipt of instructions to proceed.

    In the advice on this page we will try and be as helpful as we can in providing an indication of what our services will cost and how long it will take, but in all cases the exact estimate will depend on what you tell us at the start. Complexities can arise during a case and if they do so we will keep you fully informed as to how the costs situation and timescales may be affected.

    FIXED PRICE ESTATE ADMINISTRATION SERVICES
    Application for a Grant of Probate or Grant of Letters of Administration £1,200 (£1,000 + £200 VAT) + the Probate Service’s fee of £273 (no VAT)
    Application for a Grant of Probate or Grant of letters of Administration plus AS1 Assent, transferring the deceased’s residence to the beneficiary £1,550 (£1,291.67 + £258.33 VAT) + the Probate Service’s fee of £273 (no VAT)***
    IHT Return £1,120 (£933.33 + £186.67 VAT)
    AS1/TR1 on its own £350 (£291.67 + £58.33 VAT) + the Probate Service’s fee of £273 (no VAT)***

    ***NB The Land Registry charges registration fees on a sliding scale according to the value of the property.

    The work included for the above fees is:

    What this price includes

    • A one-hour initial consultation with you, to take your full instructions about the deceased and their estate.
    • Where the deceased died before 1st January 2022, the preparation of an IHT205 Return of Estate Information, summarising the assets and liabilities of the deceased at the date of death.
    • Preparation of an application for a Grant of Probate or Grant of Letters of Administration. In most cases the application is made online, and a Legal Statement is prepared for you to sign. In a minority of cases, the application mist be made on a paper form PA1A, which is prepared for you to sign.
    • Submitting the prepared papers to you for your signature.
    • Submitting the signed papers to the Probate Service.
    • Providing you with the sealed Grant when it is issued by the Probate Service.
    • Where the deceased’s residence is to be transferred to a beneficiary, preparation of the AS1, with instructions for valid signing and witnessing.
    • Submitting the AS1 to the Land Registry.
    • All associated letters, emails, and phone calls.

    How long this takes

    • The prepared papers for your signature will be ready for you within 5-10 working days of your initial consultation.
    • Your signed papers will be submitted to the Probate Service within 5 working days.
    • The Probate Service typically takes 8 weeks to issue a Grant but is sometimes extended by a further 4-8 weeks where the Probate Service raises a query.
    • On receipt of the Grant, the AS1 Assent will be ready for you to sign within 5-10 working days.
    • The Land Registry typically takes 4-6 weeks to register an AS1 Assent
    • The probate process usually takes between 3 and 6 months.

    Potential Additional Costs

    The above fees do not include;

    • Contacting the various asset holders to seek formal probate valuations or to ascertain the liabilities in the estate. We will rely on you to provide this information.
    • Us contacting the beneficiaries named in the Will
    • If there is no will or the estate consists of any share holdings (stocks and bonds) there is likely to be additional costs that could range significantly depending on the estate and how it is to be dealt with. We can give you a more accurate quote once we have more information.
    • Dealing with the sale or transfer of any property in the estate is not included.
    • If the deceased’s income tax affairs up to date of death and for the period of administration need to be finalised there may be accountancy fees for undertaking completion of the tax returns.
    • If the deceased held assets outside of the UK additional fees may be payable in respect of the appointment of attorneys or solicitors who specialise in the administration of estates within the particular foreign jurisdiction.
    • Advising in relation to any trusts arsing under the Will or any associated trusts.
    • Maintenance of the property and garden until the property it is sold.
    • Completing a full Inheritance Account and supporting schedules and submitting the same to HM Revenue & Customs.
    • Discharging the Inheritance Tax liability, currently 40% on the value of the net estate that exceeds all available allowances and exemptions;

    In instances where you require assistance with the items listed as not included, we will assess your personal circumstances and needs, before providing a detailed quote for your consideration. Any quote is calculated based on the amount of hours needed to complete the work, which varies based upon your individual requirements, but will be calculated at an hourly rate of £230.40 (£190 + £38.40 VAT) per hour in addition to any disbursements such as court fees (which are also detailed below or will be detailed prior to any work being carried out).

    IMPORTANT INFORMATION ABOUT OUR COSTS - DISBURSEMENTS

    All Court fees do not contain any VAT.

    DISBURSMENTS
    PROBATE COURT FEE £155.00 (no VAT)
    EACH OFFICE COPY OF THE GRANT (1 PER ASSET USUALLY) £1.80 (£1.50 + £0.30 VAT)
    HM LAND REGISTRY OFFICIAL COPY ENTRY £3.60 (£3.00 + £0.60 VAT)
    BANKRUPTCY SEARCH £2.40 (£2.00 + £0.40 VAT)
    ELECTRONIC ID SEARCH £6.00 (£5.00 + £1.00 VAT)

    HM Land Registry registration fees are based on scales and the value and status of the property

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