This is a UK piece of legislation. It enables certain categories of people to ask for financial provision or more generous financial provision to be made for them out of the estate of a person who has died. Most claims are made by the surviving spouse of the deceased, their children and/or persons who cohabited with them or were partly or wholly financially dependent upon them.

The Inheritance (Provision for Family and Dependants) Act 1975, was brought into place to make further financial provision for the surviving dependents of the deceased. This can apply to close family members, step-children, partner or spouse and those being 'maintained' by the deceased. Forbes Solicitors are able to act on your behalf in regards to Inheritance Act Claims and our specialist Dispute Resolution solicitors are on hand to offer the right legal support for you.

While we are all free to dispose of our assets as we please, the law does provide protection for those who were financially dependent on the deceased and for those who:

• Have not inherited as a result of intestacy (no valid Will was made)

• Have been left out of the Will entirely

• Have not been left as much as they need

If you are the spouse or civil partner of the deceased, inheritance claims are different to those of other family members, as the court will look beyond what is necessary purely for maintenance and will take the following factors into consideration:

• The age of the person making the claim

• Duration of the marriage

• The contribution to the welfare of the family that has been made by the person making the claim

• The provision that person might have expected to receive if the marriage had ended in divorce. This is sometimes known as 'Fiction Divorce.'

It is worth noting that judges have a wide discretion to redistribute assets to produce a fair result. Each case is considered on its own individual facts and two different judges may come out with two vastly different outcomes.

Any application under the Inheritance Act must be made within six months of Personal Representatives obtaining a Grant of Probate. If claims are made outside of the time limit, the court's permission will be needed to begin proceedings - this only happens in exceptional circumstances. Forbes Solicitors are experienced in defending or bringing Inheritance Act and contesting a will claims. We always recommend, wherever possible, that claims should be mediated outside of a court environment. Out of court Dispute Resolution (DR) may involve mediation or 'round table' negotiations and are usually more cost effective than the court.

We have a team of solicitors who specialise in Inheritance Act claims and are dedicated to providing expert and effective legal solutions to clients seeking to bring or defend a claim against an estate. With years of experience in acting for parties in Inheritance Act claims, we have a proven track record of success in achieving favourable outcomes for our clients. We pride ourselves on our compassionate approach, transparent communication, and commitment to achieving the best outcome we can for our clients. Choose us for expert legal representation.

If you need a lawyer who specialises in Inheritance Act claims, our team can help you to make a claim for financial provision from an estate if you have been left out of a Will or not provided for adequately.

Alternatively, we can act in your defence of a claim against an estate in which you are a beneficiary. We can provide expert advice on your legal rights and options, negotiate with the other parties involved, and represent you in court if necessary. Our goal is to help you achieve a fair and just outcome, and to ensure that your interests are protected throughout the process.