Making a Dependency Claim in an Inheritance Dispute

If you received financial support from a person who has died and there were no provisions made for you in their will, you may be able to make a dependency claim for regular payments or a lump sum.

This can naturally be an emotive area of law, and some people feel uncomfortable about challenging the contents of a will. However, for such a claim to be successful, the case will be fully investigated to determine whether there was a connection between the claimant and the deceased and whether it is likely that the deceased would have intended or challenged an application.

The following guide provides information on how to make a dependency claim in an inheritance dispute and the times at which the court is likely to agree.

Making an Inheritance Dispute Dependency Claim

If you received financial support from a person prior to their death but you are not named as a beneficiary in their will, it is possible to make an application for weekly, monthly or a lump sum payment from the estate, as per the Inheritance (Provision for Family and Dependants) Act 1975.

The Inheritance (Provision for Family and Dependants) Act 1975 sets out the four types of claimant that will be considered in such circumstances as being:

• A surviving spouse
• Children of the deceased - including legitimate and illegitimate children as well as adopted children. Stepchildren will also be considered if they were supported by the deceased and treated as their own child.
• Someone who lived with the deceased for a minimum of two years prior to death
• Any others who received financial support from the deceased such as an elderly family member or a maintenance recipient.

For example, a claimant may have been living with the deceased for three years prior to their death. The estranged wife of the deceased may stake claim to the full estate but the cohabitee clamant will have a legal right to make a dependency claim. The court will recognise that the deceased had entered into a new relationship, was living with the claimant for at least two years and agree that there was a financial dependency. The likely outcome would be that the claimant would receive a lump sum payment and an income from the estate.

Will a dependency claim ever be rejected?

Falling into one of the four categories above does not automatically mean that a claim will be successful. The court will evaluate multiple factors in determining whether to make an award to a claimant and this will involve assessment of other claimants and beneficiaries.

For example, a stepchild who received financial support from the deceased may not automatically be awarded a sum if the court determines that the stepchild is over 18 years old, has left full-time education and now works full time. Unless a financial dependency can be determined as well as appropriateness of award based on the assessment of other claimants, the court will not necessarily agree with the claim.

Who decides whether a claim is agreeable?

A dependency claim will usually be evaluated in the Family or Chancery Division of the High Court. However, if the value of the deceased's estate is below £30,000, the county court will hear the case.

When assessing the claim, the court will review the claimant's needs and the level of support the claimant received prior to the death as well as the financial standing of any other claimants and beneficiaries.

Are there any time limits to making a claim?

Claimants have six months to make their claim after the Grant of Probate is issued. It is therefore very important that any claimant seeks legal advice as a matter of urgency as the court will not hear a case after this six month period has passed.