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How do I make a claim under the Inheritance Act?
More often than not, people who consider themselves to be overlooked beneficiaries do not have a case for challenging a will, but their grievances can be addressed using the Inheritance (Provision for Dependents) Act 1975.
This does not involve overturning the will or making the will invalid and recognises that the will itself is a perfectly legal and valid document. An award under the Inheritance Act allows for the estate to be distributed in a different way to allow for reasonable financial provision to be made for certain groups of people.
These persons, usually young children who are left out of wills or people who were financially dependent on a deceased person but then were not provided for in the will, can make an application to the court for such reasonable financial provision from the estate of a deceased person.
An application using the Inheritance Act has to be made to the court within six months of the date of the Grant of Representation, but you should seek legal advice from our expert solicitors at Access Legal as soon as you are aware of what provision (if any) has been made for you in a will which you consider insufficient or unfair.