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Tony Cockayne is really focused on achieving the best outcome for his clients and keeps the right level of involvement and oversight in his cases. He has an excellent sense of how a case will develop and where a deal may lie.

Legal 500 2025

Contesting Inheritance: Claims Under the Inheritance Act 1975

The Inheritance (Provision for Family and Dependants) Act 1975 (the Inheritance Act) allows certain individuals to bring a claim against a deceased person's estate if they have not received any inheritance, or if the provision made for them is insufficient to meet their financial needs.

Those eligible to make a claim under the Inheritance Act include:

  • The deceased's spouse or civil partner of the deceased.
  • The former spouse or civil partner of the deceased (who has not remarried or entered into a subsequent civil partnership).
  • A cohabitee of the deceased's for at least two years leading up to their death.
  • A child or any person treated as a child of the deceased (including an adult child).
  • Any person who was being maintained, either wholly or partly, by the deceased.

Time Limits

Claims under the Inheritance Act must be brought within six months from the date of the grant of probate. It is essential to seek legal advice as soon as possible, as extensions are not always granted.

How We Can Help

We aim to resolve disputes as efficiently and cost-effectively as possible. Wherever appropriate, we seek to avoid court proceedings by using Alternative Dispute Resolution (ADR), and we frequently settle claims through correspondence or mediation.

If you believe you may be entitled to make a claim, or if you are an executor or beneficiary facing a claim under the Inheritance Act, please contact us without delay. We can advise you on the next steps, funding options, and how we can assist throughout the process.

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