Defending an Inheritance Act claim: what you need to know

What is an Inheritance Act claim?

Firstly, it is important to fully understand what an Inheritance Act claim is, should you find yourself in the unfortunate position of having to defend against one, as an executor.

An Inheritance Act claim refers to an individual claiming under the Inheritance (Provision for Family and Dependants) Act 1975. In short, the Act allows for certain categories of people to bring a claim against the estate of a deceased person where 'reasonable financial provision' has not been made for them.

Naturally, through such a difficult time for many, acting calmly and rationally can be a challenge. Understanding what it is and what is then subsequently required from you plays a big role in ensuring matters are dealt with swiftly.

As an executor, you first have a duty to the deceased to ensure their wishes are carried out as requested. This means acting reasonably and fairly at all times and remaining neutral, whether you are solely an executor of the estate or also a beneficiary, now having to defend against a claim.

Who can claim under the Inheritance Act?

If you find yourself having to defend against an Inheritance Act claim, you must understand the validity of any claim. The following categories of person can make a claim:

• Spouse/civil partner
• Former spouse/civil partner - provided they have not remarried or there is no bar to them claiming under the Inheritance Act in the terms of the divorce
• Cohabitee
• Child of the deceased
• Dependant of the deceased

Court proceedings must be issued, on behalf of the claimant, within six months of the Grant of Probate.

Defending an Inheritance Act claim

When it comes to defending an Inheritance Act claim, here is what you need to know.

It may not always be clear on what basis a challenge is being brought by the claimant. In the early stages, the claimant may not have very much information and may be asking you to provide them with documents and information. While to many defendants, this can feel like a fishing trip, it is often better to provide full disclosure at this early stage, to fend off potential claims against a deceased’s estate.

If they are deemed to have merit, Inheritance Act claims are well suited for mediation or negotiation of an out of court settlement.

If, as an executor of an estate, you find yourself on the other end of an Inheritance Act claim it is advisable to seek professional advice from the outset.