What is the Inheritance (Provision for Family & Dependents) Act 1975?
The Inheritance (Provision for Family & Dependents) Act 1975 is a piece of legislation which allows people to dispute what is written in a Will or to dispute the outcome of the intestacy rules. If a family member or dependent of the deceased was excluded from the Will, or did not inherit under the intestacy rules, an application can be made under this Act for an Order for financial provision to be made. Applications must be made within 6 months from the date of the Grant of Probate or Letters of Administration.
This process is often useful for ex-spouses, ex-civil partners or children who have relied on the deceased financially during their lifetime and have not been provided for following the death, however there are others who can make a claim including:
Current spouses/civil partners;
· Ex-spouses and ex-civil partners who have not remarried;
· People who lived with the deceased during the 2 years before the death as though a spouse or civil partner;
· A child of the deceased, including adopted and illegitimate children;
· A person treated as a child of the marriage or civil partnership of the deceased;
· Any other person who was maintained by the deceased immediately before their death.
The Court will take in to account various factors when deciding on the financial provision to be made, if any, including the needs of the applicant and other beneficiaries, the obligations of the deceased, the size and nature of the Estate and any physical or mental disabilities of the applicant.
How can we help?
Our solicitors and legal staff can provide advice on the prospects of an application for financial provision, issue proceedings at the Court on your behalf and represent you throughout the proceedings.
Oliver Fisher Solicitors can assist and represent you in contested probate matters. We provide a flexible and helpful approach and can assist you as much or as little as you need.
Please contact our solicitors on 0203 219 0145 or email us at advice@oliverfisher.co.uk to discuss your matter.
