Inheritance Act Claims Solicitors in Bristol

If someone you depended on has died and their Will, or the rules of intestacy, have left you without adequate financial provision, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the Inheritance Act). This legislation gives certain family members and dependants the right to apply to the court for a fairer share of an estate.

We know that dealing with financial uncertainty on top of grief is an incredibly difficult position to be in. At Lyons Solicitors, our specialist solicitors handle Inheritance Act claims with care, discretion, and a thorough understanding of the law. Whether you’re considering bringing a claim or you need to defend one, we’ll guide you through every stage of the process.

Speak to our Inheritance Act claims solicitors in Bristol

We offer a free first consultation to answer your questions about Inheritance Act claims and help you understand your position before you commit to anything.

To book a free initial consultation with our specialist solicitors in Chew Magna, Kingswood, or Westbury-on-Trym, please get in touch today. You can use the contact details for each office or fill in the enquiry form on the right-hand side of the page to request a call back. We can also arrange home visits if you’d find that more convenient.

What is an Inheritance Act claim?

An Inheritance Act claim is a legal application asking the court to make additional or different provision for you from a deceased person’s estate. It doesn’t automatically overturn a Will; instead, the court considers whether the provision made for you, or the absence of any provision, is reasonable given all the circumstances. Claims can be made whether the deceased left a valid Will or died without one (intestate).

Who can make an Inheritance Act claim?

Spouses and civil partners

A surviving spouse or civil partner can apply if the estate doesn’t make reasonable financial provision for them. The court applies a higher standard for this group, considering what would be reasonable in all the circumstances rather than simply what they need for maintenance.

Former spouses or civil partners (not remarried)

A former spouse or civil partner may be eligible to claim, provided they haven’t remarried or entered into a new civil partnership since the relationship ended.

Cohabitees living with the deceased for 2+ years

An unmarried partner who was living with the deceased as if they were a spouse or civil partner for at least two years immediately before the death may be able to claim. The two-year period must be continuous and ended only by the death.

Children of the deceased (including adult children)

Biological and adopted children can make a claim, including adult children. The court will consider their financial position, their relationship with the deceased, and the needs of other beneficiaries.

Children treated as a child of the family

Step-children and others treated as a child of the family by the deceased may also be eligible to apply, even if they weren’t legally adopted.

Any other person maintained by the deceased

If the deceased was making a financial contribution towards your living costs immediately before their death, you may be eligible to claim even if you don’t fall into any of the categories above.

What counts as “reasonable financial provision”?

The court must be satisfied that the deceased’s estate has not made “reasonable financial provision” for you. What that means in practice depends on who you are.

For surviving spouses and civil partners, the standard is what is reasonable in all the circumstances. For all other eligible applicants, the standard is limited to what is reasonable for their maintenance.

Maintenance doesn’t simply mean subsistence; it can include housing costs, education, and other regular needs. The court considers your financial needs and resources, the size of the estate, the deceased’s obligations towards you, and the competing needs of other beneficiaries.

Time limits for bringing an Inheritance Act claim

You normally have six months from the date a grant of probate or letters of administration is issued to start an Inheritance Act claim. This isn’t six months from the date of death; it runs from the date the estate is formally administered.

If you miss the six-month window, you’ll need the court’s permission to proceed, and that permission isn’t guaranteed. Taking early advice keeps your options open.

How the Inheritance Act claim process works

While every case is different, most Inheritance Act claims follow a similar path:

1. Free initial consultation. We’ll assess your situation, explain whether you’re likely to be eligible, and outline your options.
2. Building your case. We’ll work with you to gather the evidence needed to support your claim, including financial records and details of your relationship with the deceased.
3. Notifying the estate. We’ll write to the executors or beneficiaries setting out your claim and the basis on which it is made.
4. Negotiation and mediation. Many Inheritance Act claims are resolved without going to court. We’ll explore settlement through negotiation or, where appropriate, formal mediation.
5. Court proceedings. If an agreement can’t be reached, we’ll prepare and present your case in court and represent you throughout the hearing.

How much does an Inheritance Act claim cost?

The cost depends on the complexity of the case, the size of the estate, and whether it settles out of court or proceeds to a hearing. We’ll discuss the funding options available to you at your free first consultation and agree on a clear approach before any work begins.

In some cases, it may be possible to recover a contribution towards your legal costs from the estate where your claim is successful. We’ll make sure you understand how costs work in your specific circumstances before we proceed.

Defending an Inheritance Act claim

If you’re an executor or beneficiary and a claim has been made against an estate you’re involved with, we can help you respond effectively. Defending a claim means understanding the strength of the claimant’s position and working towards the best outcome for the estate and its beneficiaries. Our solicitors will advise you on the merits of the claim, help you gather relevant evidence, and represent you in negotiations or court if required.

Why choose Lyons Solicitors for your Inheritance Act claim?

Our Wills, trusts and probate team handles the full range of estate matters, from drafting Wills and trust administration through to complex disputes, and we’ve built a strong reputation for handling sensitive matters with professionalism and genuine care.

• Our team includes members of the Society of Trust and Estate Practitioners (STEP), reflecting expertise at the highest level in this area of law.
• We serve clients across Bristol, North and North East Somerset, and South Gloucestershire from offices in Westbury-on-Trym, Kingswood, and Chew Magna.
• Free parking is available at our Westbury-on-Trym and Chew Magna offices.
• We can arrange home visits and out-of-hours appointments for those who can’t travel to us.
• We’re always happy to communicate by telephone, video call, or in person, whatever works best for you.

Frequently asked questions about Inheritance Act claims

How long do I have to make an Inheritance Act claim?

You normally have six months from the date the grant of probate or letters of administration is issued. After that, you’ll need the court’s permission to proceed, which isn’t automatic. If you think you might have a claim, it’s worth taking early advice to keep your options open.

How successful are Inheritance Act claims?

Success depends on your eligibility, the strength of your evidence, the size of the estate, and the needs of other beneficiaries. Many claims settle without going to court. We’ll give you an honest assessment of your prospects at your free first consultation.

Can an adult child claim under the Inheritance Act 1975?

Yes. Adult children are eligible to claim, though the court will look carefully at their financial circumstances, their relationship with the deceased, and the competing needs of other beneficiaries.

Can a cohabitee or unmarried partner make a claim?

Yes, provided you lived with the deceased as if you were a spouse or civil partner for at least two years immediately before their death. Cohabitees don’t have automatic inheritance rights under English law, making the Inheritance Act an important route for many unmarried partners.

What does “reasonable financial provision” actually mean?

For a surviving spouse or civil partner, it means what’s reasonable in all the circumstances. For everyone else, it means what’s reasonable for their maintenance. The court weighs your financial needs against the size of the estate and a range of other factors set out in the Act.

How much does an Inheritance Act claim cost?

Costs vary depending on complexity and whether the case settles or goes to court. We discuss funding with you from the outset and, in successful cases, it may be possible to recover a contribution to your costs from the estate.

Will my Inheritance Act claim have to go to court?

Not necessarily. Many claims are resolved through negotiation or mediation. We’ll always explore settlement first, but we’re fully prepared to represent you in court if that’s what’s needed.

Can an Inheritance Act claim be made when there is no will (intestacy)?

Yes. The Inheritance Act 1975 applies whether the deceased left a valid Will or died intestate. If the rules of intestacy leave you without adequate provision, you may still have grounds to claim.

Can I defend an Inheritance Act claim as an executor or beneficiary?

Yes. If a claim has been brought against an estate you’re involved with, we can advise you on its merits and represent your interests in negotiations or, if necessary, in court.

Get specialist advice on your Inheritance Act claim today

We offer a free first consultation to help you understand whether you have a claim and what the process involves. There’s no obligation, and we’ll give you honest, straightforward advice from the outset.

To book a free initial consultation with our specialist Inheritance Act solicitors in Chew Magna, Kingswood, or Westbury-on-Trym, please get in touch today. You can use the contact details for each office or fill in the enquiry form on the right-hand side of the page to request a call back.