Under the law in England and Wales we can leave our assets to whoever we want. There is no legal obligation on us to provide for loved ones or family members in our Will, including our children. This legal principle is known as ‘testamentary freedom’.
However, this freedom is not absolute. Legal protections are in place, and a child who has been excluded from their parent’s Will may be entitled to make a legal challenge.
The Inheritance Act
The Inheritance (Provision for Family and Dependants) Act 1975 (usually referred to simply as ‘the Inheritance Act’) allows a son or daughter to make a claim against the estate of their mother or father if ‘reasonable financial provision’ has not been made for them.
The court will consider a number of factors in order to decide what would constitute ‘reasonable financial provision’ in any particular case. This includes assessing the financial position (both now and in the future) of the claimant and any beneficiaries named in the Will, as well as the size and nature of the estate.
If a successful claim is made, the court has discretion to distribute the estate as it sees fit, regardless of what was specified in the Will. This includes ordering payment of a lump sum, periodic payments, or the transfer of property.
How long do i have to being a claim against my mother or father’s Will?
It is crucial to keep in mind that an Inheritance Act claim must be brought before the expiry of the limitation date; that is six months from the date of the Grant of Probate or Letters of Administration.
It is only possible to bring a claim after the limitation date has passed under certain circumstances, and permission will need to be obtained from the court for the case to be brought out of time. It is therefore important not to delay in seeking specialist legal advice.
It is possible to suspend or extend the limitation period with the agreement of all parties by way of a ‘limitation standstill’ agreement, and this is something that we may be able to arrange. Having a standstill agreement in place enables the parties more time to try to resolve the dispute out of court, thereby avoiding an escalation of legal costs.
How we can help you
If your mother or father has left you out of their Will and you would like guidance on making an Inheritance Act claim then take advantage of our free 30 minute consultation. Just give us a call or send us an email and a member of our specialist team will carry out a review of your case completely free of charge.
We will also be happy to provide you with details of the available funding options, including No Win, No Fee.
