Not every dispute following a death is about whether the will is genuine. Very often the will is perfectly valid, or there is no will at all, and the problem is that the outcome leaves someone in real financial difficulty, which is the situation inheritance dispute solicitors deal with most.
The law in England and Wales starts from the principle that people may leave their estates as they wish, but it tempers that freedom with a statutory safety net for family members and dependants. This article explains who can claim, what the court considers, how the intestacy rules cause disputes, and the strict deadline that governs these cases.
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What Counts As An Inheritance Dispute?
The term ‘inheritance dispute’ covers several situations. The most common is a claim under the Inheritance (Provision for Family and Dependants) Act 1975, where a person close to the deceased says that the will, or the intestacy rules, fail to make reasonable financial provision for them. Others include disputes arising from the intestacy rules themselves, claims that the deceased promised an inheritance that never materialised, and disagreements over jointly held assets and lifetime gifts that reduced what the estate contained. What these have in common is that the argument is about who should receive what, rather than whether the will is valid.
Who Can Claim Under The Inheritance Act?
Only defined categories of people can claim under the Inheritance Act. They are:
- The deceased’s spouse or civil partner.
- A former spouse or civil partner who has not remarried or formed a new civil partnership.
- A person who lived with the deceased as a partner for at least two years immediately before the death.
- A child of the deceased, including an adult child.
- A person treated by the deceased as a child of their family.
- Any other person who was being maintained by the deceased immediately before death, wholly or in part.
Importantly, being within a category does not guarantee success; it simply opens the door to the court’s assessment.
What Will The Court Consider?
The question for the court is whether the estate makes reasonable financial provision for the applicant, and if not, what provision should be made. For a surviving spouse or civil partner, provision is not limited to maintenance and is generally measured against what they might have received on a divorce. For every other applicant, the standard is what is reasonable for their maintenance, which is a needs-based measure rather than a share of the estate as of right.
In deciding, the court weighs the factors set out in the Act, which include:
- The financial resources and needs of the applicant, of any other applicant and of the beneficiaries, both now and in the foreseeable future.
- Any obligations the deceased had towards those people.
- The size and nature of the estate.
- Any disability of those involved.
- Any other relevant conduct or circumstances.
Awards can take the form of a lump sum, income payments, the transfer of a property, or a right to occupy one.
Why Do The Intestacy Rules Cause So Many Disputes?
Where there is no will, the intestacy rules distribute the estate by a fixed formula. A surviving spouse or civil partner takes the personal possessions, a statutory legacy, and half of anything above that figure, with the other half passing to the deceased’s children. Where there is a spouse and no children, the spouse takes everything. Where there is neither, the estate passes down a strict list of relatives.
The rules make no provision at all for an unmarried partner, however long the relationship, or for step-children who were never adopted, and they take no account of estrangement or need. A cohabitant of thirty years can be left with nothing while distant relatives inherit. Claims under the 1975 Act are frequently the only remedy in these circumstances, and they exist precisely because the fixed rules cannot do justice in every family.
What Is The Deadline?
A claim under the 1975 Act must be issued at court within six months of the date of the grant of probate or letters of administration. The court can extend time, but only where there is good reason, and permission can never be assumed.
Anyone considering a claim should also notify the executors promptly, since personal representatives who distribute an estate after six months without notice of a claim are protected, and recovering assets from beneficiaries afterwards is far harder than securing them beforehand. If you are within the six-month window, or near it, advice should be taken immediately.
How Are These Disputes Usually Resolved?
Most inheritance claims settle without recourse to litigation. The parties are usually family, the costs of a trial are disproportionate for all concerned, and the courts expect genuine engagement with negotiation and mediation. A well-prepared claim, supported by clear evidence of financial need and the relationship with the deceased, will very often produce a negotiated settlement within months rather than a hearing years later. Where trial is unavoidable, these cases are decided by a judge weighing the statutory factors, and outcomes are inherently uncertain, which is a further reason sensible settlement is the norm.
Johnson Astills advises claimants, executors, and beneficiaries across Leicestershire and beyond on inheritance disputes of every kind. If you have been left out of a will, inadequately provided for, or excluded by the intestacy rules, email the team at legal@johnsonastills.com with brief details of your relationship to the deceased and the date of any grant, and we will advise you on the strength of a claim and the time remaining to bring it.
Please call us free now on 0800 059 0600 or complete a Free Online Enquiry and a member of the team will get back to you soon.
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