Inheritance Act 1975 claims: how to deal with being left out of a Will
Finding out that you have been left out of a Will, or received less from an estate than you expected, can be deeply upsetting. In some circumstances, however, you may still have legal options.
In England and Wales, certain people can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 where a Will, or the intestacy rules, fails to make reasonable financial provision for them.
These claims often arise where an adult child has been excluded, a cohabiting partner has been overlooked, a dependant has not been properly provided for, or another eligible person believes the estate does not reflect their financial needs and the deceased’s responsibilities towards them.
Who can bring an Inheritance Act 1975 claim?
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain categories of people may apply to the court if a deceased person’s estate does not make reasonable financial provision for them. This may include:
- A spouse or civil partner,
- A former spouse or former civil partner in some circumstances,
- A child of the deceased, a person treated as a child of the family
- A cohabiting partner who meets the statutory test, or;
- Someone who was being financially maintained by the deceased immediately before death.
If you think you may fall within one of these categories, early advice can be important in understanding whether you may have a claim.
What can McDaniel v Talbot tell us?
The recent High Court decision in McDaniel v Talbot shows that an express decision to leave someone out of a Will will not always prevent a successful claim. The case was particularly interesting in that, while the Will of the deceased specified that there was no provision for his estranged daughter, the Will predated the renewal of their relationship, and had not been updated since.
What the court ultimately found was that the relationship between the deceased and his adult daughter had changed significantly since the Will was written, developing a close three-year bond after 20 years of estrangement. Additionally, the daughter of the deceased had provided care for him and his mother prior to his death, along with being a carer for her own two disabled sons.
It was this combination of factors which convinced the court that the circumstances of the Will had changed materially by the date of death. Given the improvement in the relationship, the claimant’s financial difficulties and her caring responsibilities, the court held that reasonable financial provision had not been made for her maintenance.
While this represents a unique application of the Inheritance Act, it is also a reflection of the high bar for successful claims. It was the genuine nature of the relationship and unique circumstances of the deceased’s daughter which substantially contributed to the success of the claim, along with the financial statuses of both the claimant and the deceased’s wife.
Could you be eligible to bring an inheritance claim?
As McDaniel v Talbot demonstrates, every case will depend on its own facts. The court may consider matters such as your financial needs and resources, the size and nature of the estate, any obligations the deceased had towards you, your relationship with the deceased, and the position of other beneficiaries.
McDaniel v Talbot reinforces the fact that an adult child may, in some cases, bring a claim even if the Will expressly excludes them. The court will consider whether reasonable financial provision has been made, not simply whether the Will appears fair.
For many claimants, especially adult children, the central question will be whether provision should be made for their maintenance. Financial need, dependency, disability, caring responsibilities and changes in family relationships can all be relevant, with the law catering to what is required to remain above subsistence level, rather than seeing inheritance as a reward or gift.
Key issues in Inheritance Act claims
If you think you may have a claim, taking advice promptly is important. Inheritance Act claims are fact-sensitive, and delay can affect both your position and the administration of the estate. Key issues often include:
- Eligibility – whether you fall within one of the categories entitled to bring a claim under the 1975 Act.
- Time limits – a claim will usually need to be issued within six months of the Grant of Probate or Letters of Administration, although the court has limited discretion to allow late claims in some circumstances.
- Financial evidence – information about your income, outgoings, assets, liabilities and future needs is often central.
- The estate – the court will consider the nature and value of the estate, including the competing needs of beneficiaries and any other applicants.
- Resolution strategy – these disputes may be resolved through early negotiation, mediation or, where necessary, court proceedings.
Specialist advice can help you understand your position, the strength of any potential claim, and the options available to you.
Speak to our Dispute Resolution team
If you are concerned that you have been unfairly left out of a Will, or that a Will or the intestacy rules have failed to make reasonable financial provision for you, our Dispute Resolution team can provide clear, practical advice.
We offer a complimentary initial, no-obligation consultation to help you understand your position, your options and the next steps available to you.
To arrange your consultation, please contact our team for early advice on protecting your position.
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