If a Will or the intestacy rules have left you without the financial provision you reasonably need, you may be able to make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975.
Our Inheritance Act claim solicitors in Altrincham advise on inheritance disputes involving family wealth, property, businesses, trusts and complex personal arrangements. We act for those considering a claim as well as beneficiaries and representatives responding to one.
With an office in central Altrincham, we advise clients across Trafford, South Manchester, Cheshire and the wider North West.
Our team is recognised by The Legal 500 as a Tier 1 firm for Contentious Trusts & Probate in the North West, our Altrincham team advises clients from our office on Victoria Street, acting for individuals and families across Trafford, Greater Manchester and the wider North West.
When an inheritance does not reflect your financial circumstances
Family arrangements are not always straightforward.
A person may have remarried, lived with a new partner without marrying, supported an adult child, helped a relative financially or built considerable wealth through property and business interests.
When that person dies, their Will may not reflect those relationships or circumstances. Alternatively, they may have died without a Will, leaving the intestacy rules to determine who inherits.
The Inheritance Act 1975 gives certain people the opportunity to ask the court to make reasonable financial provision for them from the estate.
This is different from saying the Will is invalid. In many cases, everybody accepts that the Will is legally valid; the dispute is about whether the financial provision made by the estate is reasonable.
Our Inheritance Act Claims Solicitors in Altrincham
Our Contentious Trusts & Probate team is led by James Wallace, with Partner Vlad Macdonald-Munteanu responsible for the team in Altrincham.
Making an Inheritance Act claim in Greater Manchester?
The right to make a claim is restricted to specific categories.
You may be eligible if you are:
- The deceased's spouse or civil partner
- A former spouse or former civil partner who has not remarried or entered another civil partnership
- A qualifying cohabiting partner
- A child of the deceased
- Someone the deceased treated as their child
- Someone who was being wholly or partly maintained by the deceased immediately before their death
Each category has its own considerations.
For example, a cohabiting partner will usually need to establish that they lived with the deceased in the same household as though married or in a civil partnership throughout the two years immediately before death.
An adult child does not have to show that they were financially dependent in order to be eligible, but their financial circumstances and needs can be highly significant when the merits of the claim are assessed.
What does reasonable financial provision mean?
The Inheritance Act does not give every eligible applicant an automatic entitlement to a share of the estate.
Instead, the court asks whether the Will or intestacy rules have failed to make reasonable financial provision for that particular applicant.
The legal test differs depending on the relationship with the deceased.
A surviving spouse or civil partner can seek the financial provision that would be reasonable in all the circumstances for a spouse or civil partner to receive.
For most other applicants, the provision is generally assessed by reference to what is reasonable for their maintenance.
The outcome is therefore highly fact-specific.
Inheritance claims involving family wealth and property in Trafford
For many clients an estate may contain substantial assets but comparatively little cash.
This can create particular issues where the estate includes:
- A valuable family home
- Investment properties
- Buy-to-let portfolios
- Commercial property
- Trust interests
- Family investments
- Shares in private companies
- Partnership interests
- Assets inherited from an earlier generation
- Overseas property
The value of the estate is important, but so is its structure.
For example, an applicant may need housing provision but the principal estate asset may be a property passing to another beneficiary. Alternatively, a valuable business may need to continue trading rather than being broken up to fund a settlement.
Our role is to understand both the legal position and the practical implications of any proposed outcome. If a dispute involves promises about ownership of property or a beneficial interest in an asset, our solicitors can also advise on proprietary estoppel and trust claims.
Inheritance Act claims involving businesses and company shares
Inheritance disputes can become substantially more complicated when a deceased person owned or controlled a business.
Issues may include:
- The value of private company shares
- Shareholder arrangements
- Family businesses
- Partnership assets
- Business property
- Whether assets belong to the estate or the company
- Liquidity
- Income received by family members
- Business succession arrangements
- Competing claims between relatives involved in the business
A claim against an estate does not take place in isolation. An outcome which appears straightforward in cash terms may have wider implications for ownership, control and the future operation of a business.
Aaron & Partners is a full-service law firm, allowing our Contentious Trusts & Probate solicitors to work with corporate, commercial, property and tax colleagues where these issues overlap.
Inheritance Act claims by spouses and civil partners
A surviving spouse or civil partner occupies a particular position under the 1975 Act.
The court considers what financial provision would be reasonable for a spouse or civil partner to receive in all the circumstances rather than restricting the claim to maintenance alone.
Relevant circumstances can include the couple's financial arrangements, the length of the relationship, the assets available and the provision the survivor would otherwise receive.
Claims may arise where:
- Most of the estate has been left to children
- The Will predates the relationship
- The deceased made provision through trusts rather than outright inheritance
- The survivor has been left with insufficient housing or income
- There is a second marriage and competing interests between a spouse and children from an earlier relationship
These cases often require careful handling because several family members may have legitimate but conflicting expectations.
Claims by cohabiting partners
Unmarried partners do not inherit in the same way as spouses under the intestacy rules.
A surviving partner can therefore be placed in a vulnerable position if the deceased did not make appropriate provision in their Will.
A qualifying cohabiting partner may bring a claim under the 1975 Act where the statutory requirements are satisfied.
The evidence may include:
- The length of the relationship
- Living arrangements
- Joint financial commitmentsProperty arrangements
- Household bills
- Financial dependency
- The deceased's contribution to the applicant's needs
Claims can be particularly urgent where the surviving partner remains living in a home which now forms part of an estate passing to other beneficiaries.
Inheritance Claims by adult children
Adult children are entitled to apply under the Act, but an adult child is not automatically entitled to additional inheritance simply because they believe a Will is unfair.
The court may consider matters such as:
- Income and earning capacity
- Savings and investments
- Housing circumstances
- Debts
- Health or disability
- Financial support previously provided by the deceased
- The relationship with the deceased
- Obligations towards other beneficiaries
- The size of the estate
Where a parent and adult child had a difficult or estranged relationship, the history may be relevant but is not necessarily decisive by itself.
The six-month deadline for Inheritance Act claims
Claims under the 1975 Act are subject to a short statutory timetable.
Proceedings should normally be issued within six months of the Grant of Probate or Letters of Administration being first obtained.
Claims can only proceed outside that period with permission from the court.
If you are considering a claim, do not wait for negotiations within the family to conclude before taking advice about the deadline.
Settlement discussions do not, by themselves, remove the need to protect the legal time limit.
If the deadline has already passed, we can advise on the circumstances and whether an application for permission to proceed out of time may be appropriate.
How will the court assess a claim?
The court considers the circumstances as a whole.
Relevant factors include:
- The financial resources and needs of the applicant
- The financial resources and needs of other applicants
- The financial position of beneficiaries
- The obligations the deceased had towards those involved
- The size and nature of the estate
- Disability affecting an applicant or beneficiary
- Other relevant circumstances, which can include conduct in appropriate cases
- The court can also consider additional matters specific to the type of applicant bringing the claim.
A detailed analysis of both the estate and the applicant's financial circumstances is therefore essential.
What could you receive if a claim succeeds?
The court has a range of powers and is not restricted to simply awarding a percentage of the estate.
Orders can potentially include:
- A lump sum
- Periodical payments
- Transfer of a property
- Settlement of property for an applicant's benefit
- Housing provision
- The right to occupy estate property for a specified period
The appropriate structure can be particularly important where there are valuable but illiquid assets.
Defending an inheritance claim as a beneficiary
If another person makes a successful claim under the 1975 Act, the inheritance passing to existing beneficiaries may be reduced.
Beneficiaries therefore need to understand:
- Whether the applicant is eligible
- The strength of the financial claim
- Whether reasonable provision has already been made
- Their own financial needs
- The overall estate value
- Whether assets can realistically be sold or transferred
- The likely cost of defending the claim
An aggressive defence is not always the most effective approach. Equally, accepting a claim without testing the evidence can unnecessarily reduce the estate.
We provide strategic advice on the merits, risks and settlement options.
Advice for executors and administrators in Altrincham
Executors and administrators have responsibilities to the estate and should take care before involving themselves personally in a dispute between competing beneficiaries.
Where an executor is not also a beneficiary, neutrality may be appropriate.
We can advise personal representatives on:
- Responding to correspondence
- Providing information about the estate
- Whether estate distributions should be delayed
- Managing competing positions
- Protecting the administration of the estate
- Settlement documentation
- The impact of ongoing proceedings
This can help avoid an inheritance dispute creating further problems in the estate administration. Where concerns arise about how executors are managing assets or distributing an estate, our team can also provide specialist advice on estate administration disputes.
Resolving Inheritance Act claims without going to court
Although the court provides the legal framework, many Inheritance Act disputes settle.
Negotiation and mediation can provide greater flexibility than a final court decision.
For example, the parties may be able to agree:
- A lump sum
- Housing arrangements
- A transfer of property
- A variation in the distribution of the estate
- A settlement that protects a family business
- An agreement that reflects differing family needs
We will consider settlement opportunities throughout the matter while ensuring that your legal position is protected.
Costs and funding
The cost of an Inheritance Act claim will depend on the complexity of the estate, the number of parties, the evidence required and how quickly the dispute can be resolved.
We offer a range of funding arrangements for contentious trust and probate matters.
Once we understand the claim, we can explain:
- The likely work required
- The key stages
- Expected costs
- Available funding options
- Potential costs risks
There is no automatic rule that an estate will pay every party's legal fees, so costs should form part of the strategy from an early stage.
You can find further information about our contentious trusts and probate funding options before deciding how best to proceed with your inheritance dispute.
Why choose Aaron & Partners?
Inheritance disputes frequently cross traditional legal boundaries.
An estate may involve a business, investment property, trusts, tax arrangements or complex family wealth. As a full-service law firm, we can draw on wider capabilities where they are relevant to the dispute.
Our Contentious Trusts & Probate team regularly handles complex and high-value estate disputes, including Inheritance Act claims.
We advise both those seeking provision and those defending estates, allowing us to understand the pressures and tactical considerations on both sides of a dispute.
Our Altrincham Office
Our Altrincham office is approximately four minutes' walk from Altrincham Interchange and five minutes from Altrincham Market. On-site parking is available.
Apex
33 Victoria St
Altrincham
WA14 1AU
Inheritance Act Solicitors for Altrincham and South Manchester
Our Altrincham office supports clients across Trafford, South Manchester, Greater Manchester and Cheshire, including:
- Altrincham
- Hale
- Bowdon
- Timperley
- Sale
- Trafford
- Knutsford
- Wilmslow
- South Manchester
Appointments at the Altrincham office are available by prior arrangement.
Frequently asked questions
What is an Inheritance Act claim?
It is a claim under the Inheritance (Provision for Family and Dependants) Act 1975 asking the court to make reasonable financial provision from a deceased person's estate.
Can I make a claim even if the Will is valid?
Yes. An Inheritance Act claim does not require you to prove the Will is invalid.
Who is entitled to make an Inheritance Act claim?
Potential applicants include spouses, civil partners, certain former spouses or civil partners, qualifying cohabiting partners, children, people treated as children by the deceased and people maintained by the deceased.
Can a cohabiting partner claim against an estate?
Potentially. A partner who lived with the deceased in the same household as though married or in a civil partnership throughout the two years immediately before death may qualify.
Can a wealthy adult child make a claim?
Adult children are eligible applicants, but financial need is an important consideration. The fact that someone is eligible does not mean the court will necessarily make an award.
How quickly do I need to act?
A claim should normally be issued within six months of the first Grant of Probate or Letters of Administration.
Can the six-month deadline be extended?
Only with the court's permission. An extension should not be assumed, so immediate advice is recommended if the deadline has passed.
What happens if an estate contains a business?
The business interest may need to be valued and its ownership, liquidity and importance to beneficiaries considered. A settlement may sometimes be structured to avoid unnecessarily disrupting the business.
Does an Inheritance Act claim always involve court?
No. Many cases settle through correspondence, negotiation or mediation. However, proceedings may need to be issued to protect the six-month deadline.
Can you act for beneficiaries defending a claim?
Yes. We act for beneficiaries and personal representatives as well as claimants.
Our Inheritance Act Claims Expertise
- Advised a claimant in an Inheritance (Provision for Family and Dependants) Act 1975 claim against a high value estate, including overseas assets and company assets, where there was a failure to provide reasonable financial provision for a long term cohabiting partner.
- Assisted a client to negotiate a settlement under the Inheritance claim to avoid lengthy court action and risk on costs.
- Secured favourable financial provision for a long term co-habiting partner of the deceased, where it transpired that the deceased had also been married for over thirty years.
Speak to our Inheritance Act Solicitors in Altrincham
If you are concerned about the provision made for you by an estate, or you are responding to a claim that may affect your inheritance, speak to our Contentious Trusts & Probate team.
We can assess the position, explain the legal and financial issues and advise on the most appropriate next steps.
Request a Confidential Discussion with a Solicitor in Altrincham
