Making an Inheritance Act Claim for Reasonable Provision

To add to the stress when somebody you love dies, it can be particularly difficult to find out that their Will did not provide enough for you. This could be due to a number of things, including the size of the estate, whether it was a gift or whether the person had a Will at all.

What is reasonable financial provision?

The Inheritance (Provision for Family and Dependants) Act 1975 allows the Court to provide you with reasonable financial provision if the Will has not offered this.

How is reasonable financial provision worked out?

The first thing the court will take into account is your financial position. This will determine how much you need out of the estate to cover all costs. You will need to provide evidence of your financial position.

What factors determine the reasonable financial provision?

Generally, the court looks at what the financial situation would be like if you had undertaken divorce proceedings rather than a death, and how much money would be going to the spouse or next of kin. When looking at this, the court will consider three aspects:

• the financial needs of the parties
• compensation
• sharing

Additionally, the court will consider each of the Section 3 factors. These are;

• The financial resources and/or needs of the claimant now and in the future.
• The financial resources and/or needs of any other potential applicant now and in the future.
• The financial resources and/or needs of any beneficiary of the estate now and in the future.
• Any obligations and responsibilities which the deceased had towards the claimant, any applicant or beneficiary.
• The size and nature of the estate.
• Any physical or mental disability of the claimant, any applicant or beneficiary.
• Any other matter that the court considers relevant.

Does a spouse or civil partner get more in an Inheritance Act claim?

Although a spouse/civil partner may be entitled to more than other relatives, each case is determined based on individual circumstances. The court needs to consider the factors above, but also the other claimants in the Will.

If you’re based near Middlesbrough, we can assist with this or any other probate, power of attorney or trust guidance you may require please contact Complete Estate Protection on 01642 493101 or email info@ceprotection.com. Please click here to learn more about Wills.