People in the UK are free to distribute their assets and money however they wish. However, it is quite common for families to disagree over how the inheritance has been divided, and it is possible to dispute the arrangements set out. There are various factors that control whether you have the right to make an inheritance claim or challenge a will.
The grounds of making an inheritance claim
The courts will consider challenges to the distribution of inheritance based on various factors:
- If the will is not legally valid
- If you were dependent on the deceased person for financial support
- If the distribution of the inheritance is being managed improperly
- If promises were made that have not been met
How does relationship affect the inheritance?
Only certain people, dependent on their relationship to the person who has passed away, has the right to make a claim.
People have the right to make a claim on the grounds above if they qualify by the legal criteria set out within law. This is known as ‘Legal Standing’.
We partner with IDR Law who have created a quick inheritance claim check tool, when representing clients the first thing they establish is their relationship to the deceased person, to check whether they have legal standing.
What to check
- Were you married to them?
- Were they your parent?
- Were you financially dependant on them?
- Are you a direct descendant of them?
- Are you included in their current or previous will?
- Are you within the time limits to raise a legal dispute?
If you do not meet any of these conditions, it may not be possible to dispute the inheritance.
You can check if you have the right to dispute an inheritance here.
Will my challenge be successful?
The likelihood of successfully disputing inheritance depends on the strength of the claim. This strength of the claim is also known as its ‘merit’. The courts will look more favourably on a stronger case with more merit, for example:
- A spouse from a long marriage will have a stronger claim than a spouse from a short marriage.
- A financially dependent child under 18 will have a stronger claim than an adult child with their own income.
These are just a couple of examples, but there can be many different factors that impact the strength of a claim.
You can have a free initial assessment here, using the IDR Law Claim Checker.