Potentially, yes.
The Inheritance (Provision for Family & Dependants) Act 1975 makes it possible to bring a claim against an estate of a deceased person where ‘reasonable financial provision’ has not been made for them by a person’s will or the law relating to intestacy.
The Act allows people such as spouses and civil partners, cohabiting partners, biological children, stepchildren and other financial dependants to make a claim against an estate regardless of the testator’s intention or the Intestacy Rules.
Previously, the courts would only consider claims from adult children that were being ‘maintained’ by the deceased or when there was some moral obligation that the deceased should provide for them, for example, if the deceased made promises prior to their death that that they would be provided for.
However, as demonstrated in the recent case of Howe v Howe, following on from the case of Ilott v Mitson, the court is now taking a broader approach when deciding claims brought under the Act.
In that case, the claimant was estranged from her father for several years and despite his will setting out a very clear intention that she should inherit no part of his £1.4m estate, she successfully brought a claim against the estate and was awarded the sum of £125,000.
The award was made on the grounds that the claimant had suffered years of psychological abuse from her father which caused her to suffer from health conditions and affected her ability to work. This was despite no finding of a moral obligation being made, and the fact that the two were estranged for some time and that the deceased did not maintain the claimant.
Can I make a claim?
Whilst Howe demonstrates a wider approach in considering claims under the Inheritance Act, each claim will be considered on its own merits considering the potential claimant’s current financial and future needs and resources; any obligations / responsibilities the deceased had towards them; the funds available in the estate, and any physical or mental health conditions which should be accounted for.
As above, claims under the Inheritance Act can be brought when the deceased has died either intestate (without a will) and testate (with a will) but must be brought within 6 months of the date of the grant of the letters of administration or grant of probate, and so prompt action is recommended.
For further advice on or assistance with any aspect of the above, please contact Jackie on 01457 761320 or send an email to Jackie.martin@odonnellsolicitors.co.uk
