Muckle LLP solicitor Alex Blenkinsop puts the record straight with some sound advice on making or mitigating inheritance claims.
Inheritance disputes are all too common and often confusing, with lots of conflicting decisions and publicity swirling around. Its not easy to know how to claim if you feel the correct provision hasnt been made for you in a will, or you havent been granted what you feel youre entitled to.
Thats why we have an Inheritance Act. It gives you the right to apply to the court for an order against the estate of a deceased person, if the deceased estate fails to make reasonable financial provision for you.
Can anyone bring an Inheritance Act claim?
Not quite. The following people meet the criteria.
-Spouse or civil partner of the deceased.
-Former spouse or civil partner of the deceased (who has not subsequently remarried or entered into a civil partnership).
-A child of the deceased.
-A person who was treated by the deceased as a child of the family e.g. a stepchild.
-A person (other than the above) who was being maintained, either wholly or partly, by the deceased immediately before they died.
-A person who was living in the same household as the deceased, as their spouse or civil partner, for the two years immediately before they died.
If you fit into one of these categories, you may be able to bring a claim, but you should consider your position carefully and take advice before doing so. A claim will only be successful where the distribution of the deceaseds estate fails to make reasonable provision for the claimant. If reasonable provision is made (more on this below), a claim will not be successful and you could waste time and money pursuing a claim.
What is reasonable? And how much is the court likely to award?
These questions are difficult to answer. What is reasonable depends on all the circumstances including who is bringing the claim.
In applications by the deceased spouse or civil partner, the provision must be reasonable for a husband or wife to receive in all the circumstances. In all other cases, the provision must be what is reasonable for the claimant to receive for his or her maintenance.
Broadly speaking, with the exception of cases involving a husband or wife, the court will not award a windfall but rather only what is required to discharge their daily living costs at the standard that is appropriate.
Recent case law suggests that the court is becoming increasngly reluctant to interfere with the way people choose to dispose of their property. In the much written about case of Ilot v Mitson, in which a mother left her £486,000 estate to charity rather than her estranged daughter, the Supreme Court ultimately upheld the first courts decision to award the claimant £50,000.
The court will consider all the circumstances in coming to a decision, including the financial resources of the applicant, the financial resources of any beneficiary and the size of the estate.
How to bring an Inheritance Act claim
Before bringing a claim, it is sensible to take advice about the merits of your claim and the potential value of the estate in question.
Additional or alternative claims may also be available, such as a claim about the validity of the underlying will.
How can you avoid claims against your estate?
The potential for claims to be made will depend on the circumstances and what is being left, to whom and for what reason. In order to minimise the risk of claims, seek advice about your will and the way your estate will be distributed.
In addition, the wishes and reasoning of the deceased will be taken into account so it is useful to include a separate letter of wishes, outlining the reasoning behind any distributions which deviate from what might be expected. Taking these steps can help to avoid potentially costly disputes later down the line.
To speak to someone about making or reviewing your will, or for help with an inheritance dispute, please contact Alex Blenkinsop at Muckle LLP on 0191 211 7997 or alex.blenkinsop@muckle-llp.com
