Can I make a claim if I have not received an Inheritance and is there a time limit?

Posted on October 9, 2024

By leaving bequests in their wills, people can help give loved ones financial help and stability for their future by either leaving them money or property such as houses from their estate.

Being left an inheritance can be a huge help to most people, whether they use the inheritance to pay off any debts or even buy a car or a house.

Discovering that you have not inherited under the terms of a Will or as a consequence of the Intestacy Rules, can be a worrying time and could leave you facing financial difficulties or even being made homeless. Is there anything you can do if you were financially dependant on the Deceased and you have not been provided for?

Making an Inheritance Act Claim

The Inheritance (Provision for Family and Dependants) Act 1975 (‘the Inheritance Act’) means there are options open to certain individuals who may be able to claim against an estate when the Will or the Intestacy Rules fails to make reasonable financial provision, but you have to act quickly.

To make a claim under the Inheritance Act, the applicant would need to fall within a specific category of individual, which includes:

a spouse / civil partner,
a former spouse / civil partner,
a child (including adult children),
a cohabitee (someone who has lived in the same household together as husband and wife),
an individual who was financially dependant on the deceased.

Those who do not fall within the above categories are not eligible to claim under the Inheritance Act.

Laura Pracy, Contentious Probate Solicitor and Head of Inheritance and Will Disputes, said:

“Anyone who may believe that they may be eligible to bring a claim and feels they have not been provided for either under the terms of a Will or under the Intestacy Rules, should contact a solicitor as soon as possible to see if they can make a claim.”

Time limits for Inheritance Act Claims

The Inheritance Act states that a claim must be made within six months of the Grant of Representation. The Grant of Representation is the legal authority for the Administrator / Executor to gather in the estate assets and allows them to distribute to the beneficiaries named in the Will or in accordance with the Intestacy Rules if there is no Will.

After that time has elapsed, a claim would be considered statute barred and may only be brought with the Court’s permission.

Bringing an Inheritance Act Claim out of time

The Inheritance Act does allow a claim to be made after the time limit has passed but it is not as straightforward.

Section 4 of the Inheritance Act states that: “An application for an order under section 2 of this Act shall not, except with the permission of the Court, be made after the end of the period of six months from the date on which representation with respect to the Estate of the deceased is first taken out”.

The Court making a decision as to whether or not to give permission to bring a claim after the time limit has expired would consider all of the circumstances of the case including the merits of the claim, whether the application for permission has been made promptly, and have any negotiations commenced within the six-month period. They would also consider if the estate has already been distributed or if the Claimant would be able to seek redress elsewhere.

Trying to make a claim after the estate has been distributed can complicate matters. It is often difficult to reclaim monies back from beneficiaries once the distribution has been made, which is why Executors often wait until they are certain no claims have been brought before making a final distribution to beneficiaries.

How can we help?

For legal advice on bringing a claim under the Inheritance Act contact our specialist Contentious Probate Solicitors on 0161 785 3500 or email contentiousprobate@pearsonlegal.co.uk.

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.