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When a loved one dies, you may not always agree with the distribution of their estate and property and it can be hard to know if you are eligible to make a claim.
Many people may assume that if a Will exists, the distribution of an estate cannot be challenged.
However, the law provides several options for individuals who feel they have not been treated fairly and want to dispute a Will or estate administration.
Two of the most common claims are made under the Inheritance (Provision for Family and Dependants) Act 1975 and the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
Our litigation and dispute resolution solicitor, Lorraine Walker, explains who is eligible to make an inheritance claim and what to expect in the process.
What is an Inheritance Act claim?
An Inheritance Act claim allows certain people to apply to the court for reasonable support from an estate. This often due to a Will or the rules of intestacy not making adequate provision for them.
These claims usually arise when someone has been left out of a Will all together or if what they have been left does not meet their reasonable needs.
Only certain people can make a claim, including a spouse or civil partner, a former spouse who has not remarried, a cohabiting partner, children and individuals who were financially dependent on the deceased.
The court will consider factors such as the size of the estate, the claimant’s financial position and the needs of other beneficiaries before deciding whether provision should be made.
How do you make an Inheritance Act claim?
Timing is everything when considering an Inheritance Act claim as they must be issued within six months of the Grant of Probate.
Before going to court, solicitors will usually try to resolve matters through negotiation or mediation. Many claims are settled this way as they can be more efficient and cost effective.
If a settlement is not possible, the court has the power to award lump sums or even the transfer of the property, depending on the circumstances.
What is a TOLATA claim?
TOLATA claims often arises when the legal ownership of a property does not reflect the true financial or non-financial contributions made.
This is particularly common where couples or family members have contributed to a property that is legally owned by someone else or where property forms parts of a deceased person’s estate.
For example, you may have contributed towards a mortgage, paid for renovations or covered household expenses, even though the property is in someone else’s name.
When the person dies, the property may be treated as part of their estate, even though you believe you have a genuine interest in it.
TOLATA claims allows the court to decide who owns what share of a property, who can live there and whether it should be sold.
How do you make a TOLATA claim?
A TOLATA claim can be made by applying to the court to determine who owns the shares of a property.
Documentation and evidence are crucial for this claim and this includes bank statements, mortgage records, renovation invoices, correspondence and witness statements.
The court will look at all parties’ intentions, how the property was used, the contributions made and the wider circumstances.
As with other inheritance claims, TOLATA disputes can often be resolved through mediation rather than a full court hearing.
How can we support you during the claim process?
Inheritance Act and TOLATA claims can be overwhelming due to strict timeframes and the need for specific evidence.
Whether you are a beneficiary, executor or trustee, early legal advice can assess whether your claim is valid and the best way to approach it.
We can help you gather the necessary evidence so that your claim is compliant and to protect you from costly mistakes.
Our expert team can help guide you through every step of the claim process and help you reach a fair outcome.
For expert advice and guidance tailored to your situation, contact us today.
Solicitor – litigation and dispute resolution
Prior to qualifying as a solicitor, I worked within the education sector as a senior leader in a secondary school.
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