Hoffmans Barristers and Solicitors

Inheritance claims pursuant to the Inheritance (Family and Dependents Provision) Act 1972

When someone dies and a close family member or someone who is dependent upon the deceased feels that adequate provision has not been made fro them either under a Will or under the intestacy rules an application is possible under the 1972 Act. Hoffmans can advise you whether you are entitled to make application and the likelihood of it being successful.

Who is entitled to make Application?

Close family members or other persons who were dependent upon the deceased.

When can a claim be made?

An application can be made within 6 months of a Grant of Probate or Administration. Outside of that 6 month period leave of the Court must be obtained.

What will Hoffmans do?

First of all, Hoffmans will assess whether you are eligible to make an application and will advise you on this and on prospects of success.

There are many factors that must be taken into account including: -

  • The relationship between the would-be applicant and the deceased;
  • The provision already made by Will or under the intestacy rules;
  • The number of existing or potential beneficiaries;
  • The size of the Estate.

How much might an applicant be entitled to?

This varies hugely from case to case. The Court has to decide whether adequate provision has been made for the applicant by the Will or by the intestacy rules or by a combination of both to provide for the proper maintenance, support, education or advancement in life of the applicant.

How long will an application take?

The length of each case varies. Sometimes applications can be resolved by informal negotiation which is much quicker. If the case has to go to a full court hearing it may take 1 or 2 years or longer.

Will an application automatically go to trial?

No. It is often possible to negotiate an informal settlement or else negotiate a settlement through a formal court mediation.