When dealing with inheritance disputes, it’s crucial to act quickly. If you believe you have been left without reasonable financial provision from a loved one’s estate, you typically have only six months from the date of the grant of probate or letters of administration to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Missing this deadline can severely impact your ability to make a claim, so it’s important to be aware of your rights and act swiftly.
Who Can Bring a Claim?
The 1975 Act allows certain individuals to challenge a will or the rules of intestacy (when there is no will) to seek financial provision from the estate. Here are the groups of people who can bring a claim:
- Spouse or Civil Partner: If you were married to or in a civil partnership with the deceased at the time of their death, you can make a claim.
- Former Spouse or Civil Partner: If you were previously married to or in a civil partnership with the deceased and have not remarried or entered into another civil partnership, you may be eligible.
- Cohabitant: If you lived with the deceased as a couple for at least two years immediately before their death, you can bring a claim.
- Child of the Deceased: Biological children and adopted children can make a claim. In some cases, even stepchildren who were treated as a child of the family may be eligible.
- Person Treated as a Child of the Family: If you were not a biological or adopted child but were treated as a child of the family, you might be able to make a claim.
- Dependants: If you were being financially maintained by the deceased before their death, you can bring a claim under the Act.
The Importance of the Six-Month Limitation Period
The six-month limitation period is a strict timeline within which you must act to protect your rights. It begins from the date of the grant of probate or letters of administration. Acting within this timeframe is essential because failing to do so may prevent you from bringing a claim.
However, there are exceptional cases where the court might allow claims outside this window. If you find yourself approaching or past this deadline, seek legal advice immediately to explore your options.
What to Do If You Think You Have a Claim
If you believe you have a claim under the Inheritance (Provision for Family and Dependants) Act 1975, it’s important to seek professional advice as soon as possible. Navigating the complexities of probate law can be challenging, but you don’t have to face it alone.
Contact Hayley-Jo Lockley at Cognitive Law for expert guidance tailored to your situation. With extensive experience in contentious probate matters, Hayley-Jo can help you understand your rights and work towards achieving a fair outcome.