Can you challenge being disinherited?
If you’ve been completely disinherited or received much less than expected from an estate, you might wonder if there’s any recourse. This is possible whether the deceased had a will or not—a state known as dying “intestate.” In legal terms, these scenarios give rise to what are known as ‘Inheritance Act claims’ or ‘IA 1975’ claims.
Understanding Inheritance Act Claims
Inheritance claims are pursued under the Inheritance (Provision for Family and Dependants) Act 1975. They are distinct from challenges to the validity of a will, which legal professionals refer to as probate claims.
Contrary to what some might think, an inheritance claim is technically not made against an estate directly. Instead, these claims are not about challenging the estate’s validity but concern provisions made by it. Despite their theoretical non-contentious nature, in practice, these claims often lead to disputes.
Applications under the IA 1975 can be submitted regardless of whether the deceased left a will or died intestate.
Different Types of Inheritance Claims
- Claims for Inclusion: If an individual, who is not a beneficiary under the will nor entitled under the rules of intestacy, brings a claim, they are essentially seeking to be treated as if they were a beneficiary of the estate. This situation is distinct from challenging the estate itself.
- Claims for Enhanced Provision: Conversely, if the applicant is already a beneficiary but believes they deserve more, this too constitutes an inheritance claim, but it does not challenge the estate’s validity.
My Experience as a Direct Access Barrister with Inheritance Claims
As a Direct Access Barrister, I have had the privilege of representing various parties directly in inheritance disputes, providing me with a deep understanding of the complexities involved in such cases:
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Re Estate of MS: I advised an executor facing a 1975 claim from a polygamous wife with a severely disabled child. This case highlighted the unique challenges involved in estates with complex family dynamics.
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Re Estate of KS: Representing an adult child who was financially dependent on the deceased, I successfully resisted a strikeout application in the High Court, showcasing my ability to navigate the intricacies of legal procedures in inheritance disputes as a Direct Access Barrister.
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Re Estate of PB: Advising on a claim involving both a cohabitee and a separated spouse contesting the estate required detailed knowledge of what assets formed part of the net estate—a crucial factor in 1975 claims.
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Re Estate of PS: This case involved a cohabitee with a legal interest in jointly owned property. The dispute centred around whether the applicant was entitled to a life interest in the property, which required a thorough understanding of property rights and inheritance law.
Eligibility to Make an Inheritance Claim
Not everyone can initiate an inheritance claim. Applicants must demonstrate their eligibility to make such a claim. From my professional experience, disputes over eligibility are relatively rare. If you are a child of the deceased, including adult children, you are generally eligible to bring a claim.
Have You Been Unfairly Left Out of a Will?
If you believe you have been unjustly excluded from a will or have not received a fair share of an estate, legal recourse may be available to you. It’s important to understand that you have rights and there are legal pathways you can pursue.
Navigating these complex issues can be challenging without professional guidance. If you’re facing the complexities of being disinherited or believe you’re entitled to more from an estate than was given, it’s essential to seek expert legal advice. As an experienced Direct Access Barrister, I can help clarify your legal position and explore the best options for your situation.
For a detailed discussion on how you can challenge being disinherited or to enhance your inheritance, drawing on my extensive experience with similar cases, please contact me directly. Together, we can assess your case and determine the most effective strategy to protect your interests. Reach out to me to schedule a consultation and ensure your rights are fully represented.