Inheritance Act Claims

Claim the Financial Provision You Deserve From an Estate

When a will or intestacy leaves you without reasonable financial support, the law provides recourse. We help eligible individuals pursue fair outcomes with dignity and care.

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What This Service Delivers

Making an Inheritance Act claim requires both legal expertise and understanding of your personal circumstances. We provide the support needed to pursue fair financial provision with confidence and clarity.

Clear Understanding of Your Rights

Honest assessment of whether you qualify under the Inheritance Act 1975 and what level of provision might be considered reasonable in your circumstances.

Expert Case Building

Thorough preparation that presents your needs, the estate's resources, and other relevant factors in the strongest possible light.

Skilled Negotiation

Many claims are resolved through settlement discussions, avoiding the time, cost, and stress of court proceedings while achieving fair outcomes.

Financial Security

The peace of mind that comes from knowing you've pursued what you're entitled to and secured provision for your needs going forward.

This service transforms uncertainty about your financial future into clarity and confidence. You'll understand your legal position, have expert support through the process, and know that someone capable is fighting for what's fair.

We Understand Your Situation

Finding yourself without adequate financial provision from an estate brings both practical worries and emotional pain.

You're Facing Financial Uncertainty

Perhaps you were financially dependent on the deceased person, or your needs were always met through the relationship. Now you're wondering how to manage ongoing expenses, maintain your home, or plan for the future without the support you relied upon. The will or intestacy rules have left you in a difficult position.

The Situation Feels Unfair

You gave years to caring for someone, raised children together, or made sacrifices that affected your own financial position. Yet the estate distribution doesn't reflect this contribution or your continuing needs. It's natural to feel hurt, confused, or even angry about being left without reasonable provision.

You're Unsure About Your Rights

The law around inheritance claims can seem complicated. Do you qualify to make a claim? What counts as reasonable provision? How long do you have to act? These questions weigh on you while you're also dealing with grief and the practical challenges of moving forward without someone important.

Making a Claim Feels Daunting

The thought of legal proceedings is intimidating. You worry about costs, timelines, and the impact on family relationships. Perhaps you feel guilty about pursuing what you need, even though the situation has left you struggling. You need guidance but aren't sure where to turn or whether pursuing a claim is the right choice.

These concerns are completely valid. Seeking fair financial provision isn't about greed or disrespecting someone's memory. It's about ensuring you have what you need to live with dignity and security.

How We Help You Pursue Fair Provision

Our approach balances legal expertise with genuine understanding of the emotional and practical challenges you're experiencing.

1

Assessing Your Eligibility

We begin by understanding your relationship with the deceased and your current circumstances. Were you a spouse or civil partner? A child or stepchild? Someone maintained by the deceased? Each category has different requirements and different levels of potential provision.

We review the estate's value, what you've received or been left, and what your needs are going forward. This assessment helps us determine whether you have grounds for a claim and what level of provision might be considered reasonable.

2

Building Your Case

If you have grounds to proceed, we gather evidence that supports your claim. This includes documentation of your financial needs, your relationship with the deceased, contributions you made, and any obligations they had toward you.

We also examine the estate thoroughly to understand what resources are available and what claims might compete with yours. This comprehensive picture is essential for presenting your case effectively.

3

Pursuing Settlement

Most Inheritance Act claims are resolved through negotiation rather than court proceedings. We approach the executors or other parties with a clear presentation of your position and a reasonable request for provision.

Our experience helps us identify settlement opportunities and navigate discussions constructively. We aim for outcomes that meet your needs while avoiding the time, expense, and emotional toll of litigation when possible.

4

Court Proceedings When Necessary

If settlement proves impossible, we're prepared to take your claim to court. We handle all the legal complexities, present your case persuasively, and represent your interests throughout the proceedings.

The court considers various factors including your financial resources and needs, the size of the estate, obligations the deceased had toward you, and other competing claims. We ensure all relevant factors are properly presented.

What Makes This Approach Effective

Inheritance Act claims require both legal knowledge and practical wisdom. We understand the legislation, case law, and court procedures. But we also understand that you're navigating this while grieving, perhaps facing financial stress, and possibly dealing with family tensions.

We handle the legal complexities so you can focus on your wellbeing. Our goal is not just winning your case but helping you move forward with the financial security and peace of mind you deserve.

Your Journey With Us

Understanding the process ahead can help ease concerns about taking the first step.

Initial Consultation

We meet in a comfortable, confidential setting where you can share your story freely. You'll explain your relationship with the deceased, your current financial situation, and your concerns about the estate distribution. We listen carefully and ask questions to understand your circumstances fully. You'll leave this meeting with clear guidance about whether you likely qualify for a claim and what the process would involve.

Evidence Gathering

If you decide to proceed, we begin collecting the information needed to support your claim. This includes financial documents, evidence of your relationship and any dependence, details about contributions you made, and information about the estate. We guide you through what's needed and help obtain documents you don't have. This phase builds the foundation for a strong claim.

Claim Preparation and Presentation

We prepare a detailed presentation of your claim, clearly explaining your eligibility, your needs, and why reasonable provision should be made for you. This is shared with the executors or personal representatives, formally initiating the claim process. Their response helps us understand whether settlement is possible or whether court proceedings will be necessary.

Negotiation or Litigation

If settlement discussions begin, we negotiate on your behalf, working toward an outcome that meets your needs. We keep you informed of all offers and developments, advising on whether proposals are reasonable. If court becomes necessary, we handle all proceedings, keeping you involved in key decisions while managing the legal complexities. Throughout, we maintain clear communication about progress and what to expect next.

Resolution and Moving Forward

When your claim is resolved, whether through settlement or court decision, we ensure you understand the outcome and help with implementation. If provision is awarded, we assist with ensuring it's properly transferred. We want you to conclude this process with not just financial security but also closure and the ability to move forward with your life.

The Support You'll Receive

Making an Inheritance Act claim can feel overwhelming, especially while dealing with loss and financial uncertainty. We provide steady guidance throughout, answering questions promptly, explaining developments clearly, and offering reassurance during difficult moments.

You'll have direct access to your solicitor and never be left wondering what's happening. We treat you with the respect and care you deserve during what we know is a challenging time.

Understanding the Investment

Transparent pricing helps you make informed decisions about pursuing the provision you need.

£1,200

Initial assessment and claim preparation

This covers eligibility assessment, evidence gathering, case preparation, and initial presentation of your claim to executors or personal representatives.

What's Included

Detailed initial consultation

Eligibility assessment under the Act

Analysis of estate resources and distribution

Review of your financial circumstances and needs

Evidence gathering and documentation

Preparation of formal claim documents

Initial presentation to executors or representatives

Clear advice about prospects and next steps

Additional Costs to Consider

If your claim proceeds to negotiation or court, additional fees apply. We provide detailed estimates before any further work begins.

Potential additional costs include:

  • Ongoing representation during settlement negotiations
  • Court proceedings if settlement isn't reached
  • Expert evidence on financial needs if required
  • Mediation services when appropriate

Funding Options

We understand that making a claim often arises from financial need. We're happy to discuss payment arrangements including payment plans and, in some cases, conditional fee arrangements where appropriate.

In certain circumstances, your legal costs may be paid from the estate itself if your claim succeeds. We'll explain all funding possibilities during your initial consultation.

This investment brings you expert assessment of your rights, professional representation, and the best chance of securing the financial provision you need and deserve.

How We Achieve Results

Our experience with Inheritance Act claims helps clients secure fair provision efficiently and effectively.

Understanding the Legal Framework

The Inheritance (Provision for Family and Dependants) Act 1975 provides specific categories of people who can make claims. Success depends on demonstrating both eligibility and that current provision is unreasonable. We thoroughly understand this legislation and the extensive case law that guides how courts assess claims.

Comprehensive Case Preparation

Courts and executors consider multiple factors including your financial resources and needs, obligations the deceased had toward you, the size and nature of the estate, and other claims on the estate. We ensure every relevant factor is documented and presented persuasively, giving your claim the strongest possible foundation.

Strategic Settlement Negotiations

Most of our Inheritance Act claims are resolved through negotiation. Our experience helps us identify reasonable settlement positions, present them effectively, and navigate discussions toward outcomes that meet your needs without the uncertainty and expense of court proceedings.

Realistic Timelines

You must bring an Inheritance Act claim within six months of the grant of probate, so acting promptly is important. Initial assessment and claim preparation typically takes six to ten weeks. Settlement negotiations might conclude within a few additional months, while court proceedings can take nine months to eighteen months from start to finish. We keep you informed throughout.

82%

Claims resolved favorably for our clients

70%

Settled through negotiation avoiding court

100%

Clients supported with care and dignity

While we cannot promise specific outcomes, these results reflect our commitment to thorough preparation, skilled negotiation, and genuine care for clients during difficult times. Every situation is unique, and we approach each with the individual attention it deserves.

Our Commitment to You

We want you to feel confident about pursuing the provision you deserve.

Frank Initial Assessment

During your initial consultation, we'll give you honest guidance about whether you have grounds for a claim and what level of provision might be reasonable. If we don't think pursuing a claim would serve your interests, we'll tell you clearly, even though it means we don't take on your case.

Clear Cost Information

You'll receive detailed information about costs before any work begins. No hidden fees, no unexpected charges. We'll discuss payment options and funding possibilities openly, understanding that financial concerns may be part of why you're making a claim in the first place.

Respectful Representation

We understand that making a claim can feel uncomfortable, especially if it creates family tensions. We represent you assertively but respectfully, always mindful that relationships may continue after the legal matter concludes. Your dignity and wellbeing matter to us.

Ongoing Support

Throughout your claim, you'll have direct access to your solicitor. Questions are answered promptly, concerns are addressed with care, and developments are explained clearly. You're never left wondering what's happening or feeling alone in this process.

No-Obligation Initial Consultation

Your first meeting carries no commitment to proceed. Come discuss your situation, ask your questions, and receive honest guidance about your options. Whether you decide to pursue a claim or not, you'll leave with greater clarity.

Many people find that simply understanding their rights and options brings immediate relief, even before any formal action is taken.

Taking the First Step is Simple

You don't need to navigate this alone or feel overwhelmed about where to start.

1

Reach Out

Contact us through the form below, by phone, or via email. Briefly explain your relationship to the deceased and why you're concerned about the estate distribution. There's no need to have everything figured out or organized. Just share what's on your mind.

2

Schedule Your Consultation

We'll arrange a time that works for you to meet at our Edinburgh office or via video call if that's more convenient. This initial meeting typically lasts about an hour and gives us time to understand your situation properly.

3

Discuss Your Circumstances

During the consultation, we listen as you explain your relationship with the deceased, your financial situation, and your concerns about the estate. Bring any documents you have, but don't worry if you don't have everything. We'll help identify what's needed.

4

Receive Clear Guidance

We'll explain whether you likely qualify to make a claim under the Inheritance Act, what level of provision might be considered reasonable, and what pursuing a claim would involve. You'll understand your options and what to expect if you decide to proceed.

5

Make Your Decision

Take whatever time you need to consider your options. There's no pressure to decide immediately. If you choose to proceed with a claim, we'll explain next steps and begin working on your behalf. If you decide not to pursue matters, that's perfectly acceptable too.

Important Time Considerations

Claims under the Inheritance Act must generally be brought within six months of the grant of probate. If significant time has passed since the death, it's important to seek advice soon to understand your options and any time constraints that may apply.

We respond to all enquiries within one business day and can often arrange consultations quickly when timing is important. Everything you share is treated with complete confidentiality from your first contact onwards.

You Deserve Fair Financial Provision

If an estate distribution has left you without reasonable support, you don't have to accept that outcome. Let's discuss your situation and explore whether the law provides recourse. You deserve to understand your rights and to have someone capable fighting for what's fair.

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