If you live in Chester or the wider Cheshire area and have been left out of a Will, received less than you expected or feel that an estate has not made proper financial provision for you, you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Our Inheritance Act claim solicitors in Chester advise people considering a claim, beneficiaries whose inheritance may be affected and executors dealing with a disputed estate. We regularly work on complex and high-value matters involving property, businesses, trusts, family wealth and assets held overseas.
We understand that these disputes are rarely just about money. They often involve difficult family relationships, disappointment and uncertainty about what happens next. Our Contentious Trust & Probate team will help you understand your position, what options are available and how best to move forward.
Legal proceedings should normally be issued within six months of the Grant of Probate or Letters of Administration being first obtained. As Inheritance Act claims are subject to a time limit, it is best to seek advice as soon as possible.
Speak to a Solicitor in Chester about your inheritance act claim
Inheritance Act claims in Chester
A Will sets out how someone wants their estate to be divided after their death. However, there are situations where a valid Will, or the intestacy rules where there is no Will, may leave someone without the financial provision they reasonably need.
The Inheritance Act 1975 gives certain people the right to ask the court to make financial provision from the estate.
You may be eligible to make an Inheritance Act claim if you are:
- A spouse or civil partner
- A qualifying former spouse or civil partner
- A cohabiting partner
- A child or adult child of the deceased
- Someone treated as a child of the family
- Someone who was being financially supported by the deceased
Eligibility is only the beginning. Whether a claim is likely to succeed will depend on your individual circumstances, including your financial position, the size and nature of the estate, the needs of other beneficiaries and your relationship with the person who has died.
Our Inheritance Act Claim Lawyers
Our Contentious Trust & Probate team is led by James Wallace who is based in Chester, and is supported by the wider team.
Where to find our Chester office
<a class='ruler-chester-click' href='tel:01244405555'><span class="ruler-chester">01244 405 555</span></a>
Inheritance Claim advice for clients in Chester and Cheshire
Our Chester office is in the heart of the city, approximately five minutes' walk from Chester railway station and a nine minute walk from Chester Bus Interchange.
Our office is wheelchair accessible and appointments can be arranged in person, by telephone or by video call depending on your preferences.
Our Solicitor expertise in action
- 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.
Inheritance Act claim vs Contesting a Will
An Inheritance Act claim does not usually involve saying that the Will is invalid. Instead, the argument is that the Will, or the intestacy rules, have failed to make reasonable financial provision for you.
Contesting a Will is different. It means challenging whether the Will itself should be treated as valid, this may be due to:
- Lack of testamentary capacity
- Undue influence
- Fraud or forgery
- Problems with how the Will was signed
- Lack of knowledge and approval
Sometimes both issues need to be considered. Our solicitors look at the wider circumstances and advise on the most appropriate route.
What does reasonable financial provision mean?
The key question is whether the estate has made reasonable financial provision for you.
For a surviving spouse or civil partner, the court can look at what it would be reasonable for that person to receive in all the circumstances.
For most other applicants, the focus is generally on what would be reasonable for their maintenance.
That can mean more than simply covering day-to-day expenses. Depending on the circumstances, it may include accommodation, income and longer-term financial security.
Complex and high-value Inheritance Act claims
Our solicitors specialise in high-value, complex matters which can arise where an estate includes a mixture of assets rather than straightforward finances and property.
Our team advises on estates involving:
- Businesses and private company shares
- Property portfolios
- Trusts and family wealth
- Agricultural and landed assets
- Overseas property
- Cross-border estates
A large estate on paper does not always mean there are funds readily available. Wealth may be tied up in property, a business or a trust, which can affect the options available for reaching a settlement.
Where wider advice is needed, our Contentious Trusts & Probate solicitors can work with colleagues across the firm on property, corporate and commercial, trusts, tax and estate administration matters.
Claims by spouses and civil partners
A surviving spouse or civil partner may be able to claim where the estate does not make reasonable financial provision for them.
The legal test for spouses and civil partners is broader than the test that applies to many other applicants.
Claims can arise where most of an estate has been left to children, where a Will was written before the marriage or where the surviving spouse has been left without enough income, housing or financial security.
We can help you understand how the court is likely to approach your circumstances and what provision may be reasonable.
Adult child Inheritance Act claims
Adult children can make claims under the Act, but being disappointed by a parent's Will will not, on its own, be enough.
The court may look at your income, earning capacity, housing situation, savings, debts, health and whether the deceased supported you financially during their lifetime.
The position of other beneficiaries and the overall size and nature of the estate will also matter.
If you were estranged from the deceased, that does not automatically prevent a claim. The court may, however, consider how the relationship developed and the reasons for the estrangement.
Claims by unmarried partners in Cheshire
Unmarried partners do not have the same automatic inheritance rights as spouses or civil partners.
This can create a difficult situation where the person who has died owned the home, provided most of the household income or had not updated an earlier Will.
A qualifying cohabiting partner may be able to bring an Inheritance Act claim if they lived with the deceased in the same household as though they were married or civil partners throughout the relevant two-year period.
Evidence may be needed about:
- The length and nature of the relationship
- Living arrangements
- Household finances
- Joint commitments
- Property ownership
- Financial dependency
These cases can be particularly urgent where the surviving partner is still living in a property that forms part of the estate.
What happens if the estate includes a business?
A business interest can make an inheritance claim more complicated.
Questions may arise about ownership, value, succession arrangements, income and whether the business has enough available cash to fund a settlement.
There may also be other family members who rely on the business or remain involved in running it.
We look beyond the initial value of the company and understand how the business fits within the wider estate and what options are practical.
What can the court award?
If a claim succeeds, the court may make orders for:
- A lump sum
- Regular payments
- Transfer or settlement of property
- Housing provision
- A right to live in a property for a period
The right outcome will depend on your needs, the estate and the position of the other beneficiaries.
Defending an Inheritance Act claim in Chester
We also act for beneficiaries whose inheritance may be affected by a claim.
A successful claim can reduce what you receive, so it is important to understand the strengths and weaknesses of the case before deciding how to respond.
Our Chester based lawyers can advise on the claimant's eligibility, their financial evidence, whether reasonable provision has already been made and how the claim may affect you and the wider estate.
In some cases, a firm defence is needed. In others, an early negotiated settlement may be the better option. Our solicitors will ensure you understand the best course of action to take and support you throughout the process.
Settling without going to court
Yes. Many claims are resolved through negotiation or mediation.
That can give the parties more flexibility and may avoid the cost and uncertainty of a final hearing.
A settlement might involve:
- A lump sum payment
- A property transfer
- Housing arrangements
- Deferred payments
- A different division of the estate
Court proceedings may still need to be issued to protect the six-month deadline while negotiations continue.
Inheritance Act claims advice for executors and administrators in Chester
Executors can find themselves in a difficult position when family members disagree about an estate.
An independent executor will often need to remain neutral rather than taking a side.
We can advise on responding to claims, providing estate information, deciding whether distributions should be delayed, protecting estate assets and continuing the administration while the dispute is resolved.
How much does an Inheritance Act claim cost in Cheshire?
The cost will depend on the complexity of the estate, the number of people involved, the evidence required and whether the dispute can be resolved without a final hearing.
Aaron & Partners offers different funding arrangements for contentious trusts and probate matters.
Once we understand your circumstances, we will explain the likely work involved, the key stages, expected costs and any litigation risks before you decide how to proceed.
Why choose Aaron & Partners in Chester?
Inheritance disputes can involve much more than the wording of a Will.
Property, business interests, trusts, tax, estate administration and international assets can all affect the position.
Aaron & Partners has operated from Chester for more than 40 years and advises individuals, families and businesses across Cheshire, North Wales, the North West and nationally.
Our Contentious Trusts & Probate team deals with complex and high-value estate disputes and can draw on wider expertise across the firm where needed.
We take time to understand the family circumstances behind the dispute as well as the legal issues, so the advice we give is practical and focused on what matters to you.
Frequently asked questions
How long do I have to make an Inheritance Act claim?
Proceedings should normally be issued within six months from the date on which the Grant of Probate or Letters of Administration is first obtained. If you think the deadline is approaching, or may already have passed, take advice as soon as possible.
Can I claim if I have been left out of a Will completely?
Potentially. If you are an eligible applicant and the estate has not made reasonable financial provision for you, you may still have a claim even if the Will leaves you nothing.
Can an adult child make an Inheritance Act claim?
Yes. Adult children are eligible to apply, although the success of the claim will depend on their individual circumstances and the wider estate.
Can an unmarried partner claim?
Potentially. A qualifying cohabiting partner may be eligible where the statutory requirements are met.
Will the claim definitely go to court?
No. Many claims are resolved through negotiation or mediation. Court proceedings may still need to be issued to protect the statutory deadline.
Who pays the legal costs?
There is no automatic rule that the estate pays everyone's legal costs. This will depend on how the claim is resolved and any orders made by the court.
