Who can make an Inheritance Act claim?
- spouse/civil partner
- former spouse/civil partner who has not remarried or entered into a civil partnership
- someone who has been living with the deceased for at least two years prior to their death
- deceased's children (including adult children)
- someone treated as the deceased's child e.g. adopted, fostered or step-child
- someone who was 'maintained' by the deceased
Is there a time limit for making a claim under the Inheritance Act?
- any claim under the Inheritance Act must be brought within six months of probate being granted
- in exceptional circumstances an extension to this time limit may be allowed
What can a court direct under a successful Inheritance Act claim?
- an order for the claimant to receive regular payments for a period decided by the judge
- an order for the claimant to receive a single lump sum payment
- an order for property owned by the deceased to be transferred to the claimant
- an order creating a trust for the claimant
- an interim settlement to meet immediate financial needs offset against any final settlement
What factors must a court consider when making an order under an Inheritance Act claim?
- financial resources and future needs of the claimant
- financial resources and future needs of any other claimants under the Inheritance Tax Act
- financial resources and future needs of any beneficiary of the estate
- size and nature of the net assets of the estate
- physical or mental disability of the claimant or any beneficiary of the estate
- any other relevant issues including the conduct of the claimant or other connected individual
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