Inheritance Act Claims vs. Will Validity Claims: A Legal Overview
When disputes arise after a person’s death regarding their estate, claimants generally pursue one of two legal routes: challenging the validity of the will or seeking financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 .
While both types of claims address concerns about fairness in estate distribution, their legal principles and requirements differ significantly.
Inheritance Act Claims: Seeking Reasonable Financial Provision
An Inheritance Act claim is pursued when a will (or intestacy rules) fails to provide eligible individuals with adequate financial support.
These claims do not dispute the will’s validity; instead, they focus on ensuring fair provision for certain beneficiaries.
Key Features of an Inheritance Act Claim:
- Governed by the Inheritance (Provision for Family and Dependants) Act 1975.
- Available to spouses, children, cohabitants and financial dependants.
- The court assesses whether reasonable financial provision has been made.
- Claims must be filed within 6 months of probate being granted.
- The outcome may adjust financial distributions but does not invalidate the will.
Will Validity Claims: Contesting the Legitimacy of a Will
A will validity claim seeks to challenge the legal standing of a will.
If successful, the will is declared invalid, and the estate is distributed according to a previous valid will or the rules of intestacy.
Find out more about what makes a will invalid.
Key Features of a Will Validity Claim:
- Challenges whether the will was properly executed and genuinely reflects the testator’s intentions.
- Common legal grounds include:
- Lack of testamentary capacity (the testator did not understand the implications of their decisions).
- Undue influence (coercion or manipulation impacted the will’s content).
- Fraud or forgery (the will was falsified or improperly altered).
- Improper execution (the will fails to meet the legal requirements under the Wills Act 1837).
- A successful claim may render the will void, altering the estate’s distribution entirely.
Key Differences Between the Two Claims
| Aspect | Inheritance Act Claim | Will Validity Clain |
|---|---|---|
| Purpose | Seeks fair financial provision | Challenges the legitimacy of the will |
| Legal Basis | Inheritance (Provisions for Family and Dependants) Act 1975 | Wills Act 1837 & case law |
| Outcome | Adjusts financial distribution but does not invalidate the will | May render the will invalid |
| Eligible Claimants | Spouses, children, cohabitants and dependants | Anyone with standing, e.g. beneficiaries, excluded family members |
| Time Limit | 6 months from obtaining a Grant of Probate | Varies – can be challenged anytime before distribution |
Conclusion
Both Inheritance Act claims, and Will validity claims provide distinct legal avenues for estate disputes.
The choice between them depends on whether the issue concerns inadequate financial provision or questions over the will’s legitimacy.
To fully understand the complexities of each route, look for our upcoming articles that break down the legal principles and key considerations involved.
Given the intricacies of inheritance disputes, seeking professional legal advice is essential.
A solicitor specialising in contentious probate can assess your situation, advise on the most suitable course of action, and help navigate the legal system to protect your interests.
Taking timely action is crucial to securing a fair outcome.