Inheritance Act Claims

Inheritance Act Claims
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  • 1hr 5m
  • Intermediate
  • Released 19th Jun 2023
  • Helen Forster
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A person is entitled to leave their estate to whoever they want. However, some people might reasonably expect to have a share of it.

The Inheritance (Provision for Family and Dependants) Act 1975 is a law to protect people who are financially dependent on another person when they die. It means that some dependants can claim against a Will that doesn’t provide a reasonable amount of inheritance for them.

As a general rule, the people who are covered by the Inheritance Act can include:

  • A spouse or civil partner.
  • Children (both minors or adults), including adopted children or someone who has been treated as a child of the marriage (step-children for instance).
  • A former spouse or civil partner – if they have not remarried.
  • Someone living continually with the deceased for at least two years before their death.
  • Any person being financially maintained in some way by the deceased.

As a private client practitioner, you will come up against claims such as this, and you will need to know not only how such a claim is made but also the process for how to deal with these.

This session will consider what an Inheritance Act claim is, how they are made, timeframes for making a claim and the processes involved, as well as case law discussing in particular adult claims.

Learning objectives:

  1. What is an Inheritance Act Claim
  2. When can they be made
  3. Responding to a claim
  4. Protecting an estate
  5. Case law

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Helen Forster

Managing Director • HTF Legal Limited

Helen is the managing director of her law firm, HTF Legal, based in Yorkshire, She is a solicitor and trusts and estates practitioner and has spent over 14 years working in the private client sector. Over the years she has received numerous awards including the category of rising star in England and Wales in the Modern Law Awards in 2016, where she came second. More recently her firm has won “ inheritance firm of the year Yorkshire” in 2023. Her particular specialisms include tax planning and mental capacity work, and in addition she provides training and seminars around the country on the subject.

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