The Inheritance Act 1975 is a piece of legislation that provides for the financial provision of certain people after the death of a loved one. It can be used by spouses, children, parents, and other relatives to make a claim against the deceased’s estate.
There are many factors that the court will consider when deciding whether to make an award under the Inheritance Act. These include the age of the applicant, the length of the relationship, the contribution made by the applicant to the welfare of the family, and the provision that the applicant might reasonably have expected to receive if the relationship had ended by divorce rather than death.
There have been a number of high-profile Inheritance Act cases in recent years. In one case, a woman who had been estranged from her father for many years was successful in her claim for a share of his estate. In another case, a man who had been married to his wife for over 50 years was awarded a large sum of money after she died.
If you are considering making an Inheritance Act claim, it is important to seek legal advice. A solicitor/ legal executive/ barrister can help you to understand your rights and to make the strongest possible case for an award.
Here are some of the most common Inheritance Act cases:
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Spouses: A surviving spouse may be entitled to a share of the deceased’s estate, even if they were not married to them at the time of death. The amount of the award will depend on several factors, including the length of the marriage, the contribution made by the spouse to the welfare of the family, and the provision that the spouse might reasonably have expected to receive if the marriage had ended by divorce rather than death.
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Children: A child may be entitled to a share of the deceased’s estate, even if they were not born to the deceased. The amount of the award will depend on several factors, including the age of the child, the relationship between the child and the deceased, and the provision that the child might reasonably have expected to receive if the relationship had ended by death.
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Parents: A parent may be entitled to a share of the deceased’s estate, even if they were not the deceased’s biological parents. The amount of the award will depend on several factors, including the age of the parent, the relationship between the parent and the deceased, and the provision that the parent might reasonably have expected to receive if the relationship had ended by death.
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Other relatives: Other relatives, such as siblings, grandparents, and aunts and uncles, may also be entitled to a share of the deceased’s estate, depending on the circumstances.
If you have any questions about the Inheritance Act, please do not hesitate to contact clerks@anvilchambers.co.uk