Your Rights Under the Inheritance Act 1975: A 2025 Guide
Dealing with the estate of a deceased loved one can be an incredibly emotional and challenging experience. The grief of losing someone is often compounded by disputes over their assets, leading to heightened tensions among family members. Inheritance disputes can arise for various reasons, and understanding your rights under the Inheritance (Provision for Family and Dependants) Act 1975 is crucial for anyone who feels inadequately provided for in a will.
In recent years, there has been a notable rise in inheritance disputes, reflecting changing family dynamics and societal norms. This increase highlights the importance of knowing the legal avenues available to individuals who believe they have been unfairly excluded from an estate or inadequately provided for.
At Van Eaton Solicitors, we specialise in navigating inheritance claims with compassion and expertise. Our team is dedicated to helping clients understand their rights and options, ensuring they receive the support they need during this difficult time.
Understanding the Inheritance (Provision for Family and Dependants) Act 1975
The Inheritance (Provision for Family and Dependants) Act 1975 was established to provide certain individuals with the ability to claim financial provision from a deceased person’s estate when they believe that the will or the rules of intestacy do not make reasonable financial provision for them.
Definition of the Act
The Act allows eligible individuals—such as spouses, civil partners, children, and dependents—to seek financial support from the estate of a deceased person if they can demonstrate that they were financially dependent on the deceased and that adequate provisions were not made for them in the will.
Eligibility Criteria
To make a claim under the Inheritance Act 1975, you must fall into one of the following categories:
- Current or Former Spouses/Civil Partners: This includes both current spouses and former spouses or civil partners who have not remarried.
- Cohabitees: Individuals who lived with the deceased as a couple for at least two years before their death.
- Children: Biological or adopted children are eligible to make a claim.
- Individuals Treated as Children: Anyone who was treated as a child by the deceased may also be eligible.
- Financial Dependents: Any person who was financially maintained by the deceased immediately before their death can apply, excluding paid domestic staff.
Common Reasons for Making a Claim
Being Left Out of a Will
The emotional impact of being excluded from a will can be profound. Family members often feel neglected, betrayed, or unjustly treated when they discover they have not been named as beneficiaries. This exclusion can lead to significant familial strife and long-lasting resentment.
Recent statistics indicate a marked increase in claims related to exclusion from wills. In fact, inheritance claims have surged by over 70% in recent years, reflecting changing societal norms and the complexities of modern family structures. High-profile cases, such as Ilott v Mitson, have further influenced public perception regarding inheritance rights, encouraging individuals to contest wills when they feel unfairly treated.
Dying Intestate
Dying intestate occurs when an individual passes away without leaving a valid will. This situation can lead to confusion and disputes among potential beneficiaries, as the estate will be distributed according to the rules of intestacy, which may not align with the deceased’s wishes.
The intestacy rules dictate that if the deceased was married at the time of death, their spouse typically receives a substantial portion of the estate, often alongside any children. However, these rules can create conflict in blended families where relationships may not conform to traditional expectations. For example, long-term partners who were not married may find themselves without any legal claim to the estate.
Common scenarios leading to disputes include situations where estranged family members emerge to claim a share of the estate or where cohabiting partners are left without inheritance rights due to the absence of a will.
Validity of the Will
Challenges to the validity of a will are common and can arise from several factors. Claims may be made that the deceased lacked mental capacity at the time of signing or that they were subjected to undue influence from another party. These challenges can create significant delays in the probate process and lead to further disputes among beneficiaries.
Additionally, poorly drafted or DIY will often contribute to disputes. Ambiguous language or unclear intentions can lead to differing interpretations among heirs, resulting in conflict and potential litigation.
Executorship Disputes
Conflicts may arise regarding the actions or decisions made by executors responsible for administering the estate. Beneficiaries may question whether executors are acting in their best interests or fulfilling their duties properly.
Examples of mismanagement can include failure to communicate effectively with beneficiaries, improper handling of estate assets, or allegations of self-dealing. Such disputes can complicate the probate process and prolong resolution times.
Financial Provision Claims
The Inheritance (Provision for Family and Dependants) Act 1975 allows eligible individuals to claim “reasonable financial provision” from an estate if they believe they have not been adequately provided for.
To succeed in such claims, individuals must demonstrate financial dependency on the deceased prior to their death. This requirement necessitates thorough documentation and evidence to support claims, making it essential for potential claimants to seek legal advice early in the process.
Current Trends Influencing Inheritance Disputes
- Rise in Claims: Statistics indicate an increase in inheritance disputes reaching courts, highlighting a growing awareness of rights under inheritance law.
- Changing Family Dynamics: The rise of blended families, second marriages, and evolving relationships has led to more complex inheritance scenarios that often result in disputes.
- High Property Values: Increasing estate values contribute significantly to contested claims as beneficiaries seek larger shares of valuable assets.
- Awareness and Publicity: High-profile cases and media coverage have raised public awareness about inheritance rights, encouraging more individuals to assert their claims.
- Impact of COVID-19: The pandemic has altered estate planning practices, leading many individuals to create DIY wills or electronically witnessed documents that may lack clarity and lead to disputes.
Conclusion
Navigating the complexities of inheritance disputes can be an emotionally charged and legally intricate process. Understanding the common reasons for making a claim under the Inheritance (Provision for Family and Dependants) Act 1975 is essential for anyone who feels inadequately provided for in a will or who has been excluded from an estate. Whether facing issues related to being left out of a will, dying intestate, challenges to the validity of a will, executorship disputes, or financial provision claims, it is crucial to be aware of your rights and the legal avenues available to you.
Take Control of Your Inheritance Rights Today!
If you believe you have grounds for making a claim under the Inheritance (Provision for Family and Dependants) Act 1975 or if you have questions about your rights as a beneficiary, don’t hesitate to reach out to Van Eaton Solicitors.
Contact us today at 0208 769 6739 or fill out our online form to schedule your consultation. Let us help you secure the financial provision you deserve!