When it comes to estate planning, ‘mirror Wills’ are fairly common between spouses. But, what is the difference between mirror Wills and mutual Wills?
Read moreInheritance Act Claims
Our talented solicitors bring and defend Inheritance Act claims to ensure that Will beneficiaries receive fair outcomes.
Email us now at hello@brabners.comIn this section
An Inheritance Act claim is brought under the Inheritance (Provision for Family and Dependants) Act 1975 — sometimes referred to as the 1975 Act or Inheritance Act.
Such a claim can be brought by a person who doesn’t receive reasonable financial provision under a Will (or under the intestacy rules, if no Will exists).
If you don't receive anything in a Will — or if what you're due may not be enough to meet your needs (or even if you've been left disappointed and unsure about what you'll receive) — we can assist.
Talk to us by giving us a call on 0333 004 4488, sending us an email at hello@brabners.com or completing our contact form below.
Experienced in Inheritance Act claims & disputes
Our team is led by “talented litigator” Nicola Turner — a full member of the Association of Contentious Trust and Probate Solicitors held in high regard by fellow professionals and The Legal 500. She’s described by a fellow legal professional as someone “whose judgement sets her apart” and has been instructed to represent barristers and partners in other law firms in their personal capacities.
Our team also includes Associate Beth Middleton and Solicitor Georgina Vokes. A “highly promising” Associate, Beth is recognised as a ‘key lawyer’ in The Legal 500. She's also a member of ConTra (the Contentious Trusts Association) and the Northern Contentious Probate Group. Beth is due to become an accredited Associate Member of the Association of Contentious Trust and Probate Solicitors this year and is widely recognised across the Northern circuit for her expertise.
Who can bring an Inheritance Act claim?
Many people don’t realise that they have the ability to bring an Inheritance Act claim to ask the Court to vary the provisions made in a Will.
That’s why legal advice should be sought as soon as possible.
People who may be able to bring a claim include:
- a spouse or former spouse who hasn't remarried (even if separated or estranged)
- a partner who was a cohabitee of two years or more (although there can be gaps in that two-year period)
- minor or adult children, step children and adopted children (including anyone treated as a child of the family)
- anyone who has been maintained financially by the person who has died.
What can I expect?
Most Inheritance Act claims are successfully resolved through expert negotiation, without the need for a court hearing in front of a judge.
We offer the expertise, experience and judgement needed to evaluate your claim or defence to a claim — before strategically presenting and progressing your case to achieve the best possible outcome.
We understand that disputes which involve other family members can be incredibly emotionally charged, particularly in relation to Wills and inheritance. We provide both legal and practical advice, as well as close support you can rely on.
At every step of the Inheritance Act claim process, our expert litigators will be in your corner, fighting for the best possible outcome.
FAQs
“Thank you again [Nicola Turner] for all your help, guidance and hard work during this entire process. I honestly believe that I couldn't have had a better solicitor to represent me — you only ever inspired confidence. In short, you've been absolutely outstanding and are a credit to your profession.”
Inheritance Act claimant
“Having presented Nicola Turner with our case, she really took time to understand the position fully. Then — speaking from a wealth of experience — gave an outline of her initial thoughts. Nicola was straight with us from the outset. There was no telling us what we wanted to hear, only to be disappointed and frustrated later in the process. The communication was excellent, with the exemplary level of support giving us a great deal of confidence. Although allowing us to make decisions, she was always on-hand with advice and guidance when required. This helped to keep the inevitable emotion we had at bay and focused us on rational options and legal arguments. With the support of Nicola and her experienced team, we achieved the outcome we had agreed 12 months earlier and we cannot thank her enough for the superb service.”
Inheritance Act defendants
“A huge thank you to you Nicola Turner… geeing me on through the stressful moments and being factual, practical and supportive when I needed things explained — especially as we headed towards the final stages. Your professionalism instilled my complete confidence as a client. I couldn't have asked for more. I feel like a weight has been lifted off my shoulders and for the first time in over two and a half years I can start to live my life again with ease.”
Inheritance Act claimant
“Nicola Turner stands out… in the accuracy of her judgement of cases and their likely outcome… Nicola is not afraid to give direct advice and she never sits on the fence.”
The Legal 500
“Thank you so much for all of your help with this matter. I can finally move forward knowing that this matter has been resolved in the best way and by a fantastic law firm. Once again thank you so much for all your help.”
Client feedback
“Beth Middleton is a very capable junior solicitor with a growing profile in the contentious trusts and probate market in the North West.”
Anonymous barrister
“I recently had the pleasure of dealing with Brabners regarding a complex family issue. Beth Middleton quickly grasped the situation, summarised our options in plain English and recommended the best course of action, which was undertaken without delay. From the first contact through to the successful conclusion, I felt confident that I was in safe hands.”
Client feedback
Case Highlights
Inheritance Act claim
Representing a widow in connection with the estate of her late husband in a claim under the Inheritance Act and in relation to various lifetime trusts, including one that relates to the matrimonial home. The deceased was a multi-millionaire who had established various ‘family’ trusts as part of his estate planning but left his widow with no security in relation to her home or income.
Inheritance Act claim
Representing a surviving spouse in a complex claim issued against her late husband's estate under the Inheritance (Provision for Family and Dependants) Act 1975 and involving numerous protected parties. The matter involved various issues in relation to liquidity of the estate and shareholdings in various companies.
Inheritance Act claim
Instructed on behalf of a minor child to defend a claim intimated under the Inheritance (Provision for Family and Dependants) Act 1975 by the partner of the deceased, who sadly died intestate. The claim was eventually dropped and the estate has now been distributed in accordance with the intestacy rules.
Inheritance Act claim
Representing the professional executors in a claim brought by the wife of the deceased for reasonable financial provision pursuant to the Inheritance (Provision for Family and Dependants) Act 1975. The deceased left a sizeable estate worth three-quarters of a million pounds which grants his wife a life interest over his property and residue. Proceedings have been issued and a mediation has been proposed.
Inheritance Act claim
Successfully representing a claimant who was the 30-year spouse of the deceased and executed a Will that excluded her entirely to the benefit of her two estranged children. Proceedings were issued under the Inheritance (Provision for Family and Dependants) Act 1975. The matter was complicated by the fact that the deceased had intentionally disposed of assets to a third party in attempt to defeat a claim for financial provision. Following a financial dispute resolution hearing, the parties agreed to settle which provided for the claimant to receive the majority of the estate, together with payment of her costs in full.
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Wills & inheritance expert insights
Our Will and inheritance dispute team explore a recent case where they served with (and defended) a short notice application by a claimant to adjourn an upcoming three-day trial on medical grounds.
Read more
What can executors do if a Will involves complex and ambiguous gifts? Beth Middleton explores the case of Dryden v Young & Others.
Read moreTalk to our expert Wills & Inheritance Act solicitors
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