Inheritance Act claims
If someone close to you has died without making 'reasonable financial provision' for you, you may be able to make a claim from the estate under the Inheritance (Provision for Family and Dependents) Act 1975.
We bring such claims, commonly known as Inheritance or 1975 Act claims, on behalf of a broad range of individuals. The Act applies to surviving and former spouses and civil partners, children (including adult children and anyone who was treated as a child of the deceased), cohabitees and other dependents.
In bringing and defending claims, we draw on our extensive experience in representing charity clients, which regularly face claims from individuals under the Inheritance Act. ‘Many people don’t know that charities have an obligation imposed on them by the Charity Commission to defend assets to which they’re entitled,’ says Paola Fudakowska, special counsel in our London team. ‘If a family member tries to overturn a will, the charity really has no option but to engage with that.’
Whichever side we represent, we work to achieve a settlement out of court where possible. However, we are skilled litigators who are not afraid to take cases to trial where it is in the best interests of our client.
Our team has considerable experience and practical knowledge in representing clients in claims under the Inheritance Act. We acted for the widow bringing the very first ‘big money’ 1975 Act claim. Paul Hewitt is a co-author of the Law Society’s Inheritance Act Claims, and associate Natasha Stourton contributes the chapter on 1975 Act claims for the Law Society’s Probate Practitioner’s Handbook.
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