Have you experienced financial difficulties after being left out of a loved one’s will? If you have, you might be contemplating making a claim for “reasonable financial provision” from the estate under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”). This blog aims to guide you through the process of assessing the value of your potential claim and explains the importance of seeking advice from a specialist contentious probate solicitor.

Understanding the Value of Your Claim:

Determining the value of your claim is not a straightforward task. Each case is unique, and the court considers various factors to make a fair decision. To begin, the court typically evaluates what is reasonable for the applicant’s “maintenance,” excluding cases brought by a spouse or civil partner. The term “maintenance” is not really defined, but it is accepted that it means enough money to ensure that the applicant is more than just subsisting, but not so much that they might live more lavishly as a result of the claim.

Factors Affecting the Value:

When assessing the value of an Inheritance Act claim, the court takes several factors into account. These include the nature and size of the estate, the needs of the beneficiaries, and the applicant’s “station in life.” The court must strike a balance between meeting the applicant’s financial requirements and ensuring the estate can fulfil those needs, alongside the existing beneficiaries’ entitlements. Each case requires a thorough exploration of the applicant’s circumstances, the estate, and its beneficiaries.

Providing Detailed Information:

To obtain guidance on the value of your potential claim, it is essential to provide your solicitor with accurate and detailed information regarding your income, expenditure, savings, debt, housing needs, and, if applicable, the educational needs of your children. Transparency about your present and future financial requirements, including housing, is crucial to assessing your claim.

Specific Categories of Applicants:

Different categories of applicants face specific considerations in terms of the value of their award. The 1975 Act treats Spouses and civil partners more generously than all other types of applicant.

Updating Financial Information:

An applicant’s financial needs and circumstances change over time. Therefore, the value sought at the beginning of the claim may differ from what should be sought at the final hearing. The court evaluates the claimant’s financial position at the final hearing, emphasizing the importance of regularly updating evidence on finances throughout the case. It’s crucial to note that if an applicant passes away during the claim, the claim cannot be transferred to someone else.

Seeking Professional Advice:

It is essential to consult a specialist contentious probate solicitor to assess the potential value of your claim. While providing a definitive value may be challenging initially due to numerous variables, your solicitor can guide you on relevant information and determine the viability of your claim. They will advise you on when and what information to provide and whether pursuing a legal case is a sensible course of action, considering factors such as proportionality and tactical advantages.

If you find yourself facing financial difficulties after being excluded from a loved one’s will, exploring an Inheritance Act claim may be an option worth considering. Assessing the value of your claim requires careful examination of various factors by a specialist contentious probate solicitor. Seeking legal advice as soon as possible is crucial due to the short deadlines for filing these claims. Remember, each case is unique, and seeking professional guidance will provide clarity on the potential value of your claim and increase your chances of obtaining reasonable financial provision from the estate.

James Urquhart-Burton – Partner & Solicitor