Inheritance ACT CLAIMS

How long will my claim under the inheritance act take

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How long will my claim under the inheritance act take?

It is difficult to give precise timescales for these disputes. The Heather Ilott case went all the way to the High Court and the Court of Appeal and took several years to resolve.

In Scotland, the law is different in this area and children (and also a spouse or civil partner) cannot be disinherited from all of the estate, regardless of what a will says, so things can move faster. Children of any age in Scotland have the right to claim a share in the deceased's moveable estate (i.e. everything aside from property and land) and do not have to go to court to ask for any payment.

However long it takes, if an action using the Inheritance Act is successful, the court can award a lump sum or monthly payments. It can also create a trust or order the property belonging to the deceased to be transferred to the applicant.

Whatever order the court makes will depend on the circumstances of the case. That is why it is always better to seek legal advice sooner rather than later. No matter which side of the argument you are on, Access Legal will always try to resolve the dispute as amicably and as quickly as possible.


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