If you have lost someone close, you will know how incredibly difficult it can be; what’s more, coping with what they have left behind can sometimes be just as tricky as coping with grief.
If you feel you have been unfairly left out of their will, this can add to your confusion and upset at this difficult time. This is where the Inheritance Act comes in, giving you the chance to ask a court to reconsider the way your loved one’s estate was split.
Who can make a claim?
To bring a claim, you have to fall into one of the categories set out in the law:
- Spouse or civil partner of the deceased: you could claim if you were married to or in a civil partnership with the person who passed away.
- Former spouse or civil partner: you could make a claim if you were previously married to the individual, they had been supporting you financially, and you hadn’t remarried.
- Child of the deceased: children and adopted children could bring a claim, or stepchildren if you were brought up as if you were the deceased’s child.
- Financially supported by the deceased: if the person who passed away supported you financially, you might have a case.
- Cohabiting partner: even if you weren’t married, you might still have a claim if you had been cohabiting for at least two years before their passing.
Without reasonable financial provision
You would also have to show the court you were left without what is called ‘reasonable financial provision’. Forsters are a London law firm that can assist with determining whether you meet the criteria to make a claim. The court will consider your financial need, such as if you weren’t left enough to cover your living costs or were facing financial difficulty.
Seeking support to determine your claim from a London law firm can help you drill down into the details and decide whether you have a claim to bring under the Inheritance Act.
