50 years of the Inheritance Act 1975: What it means for you and your loved ones
Written by Madhvi Panchal from Enoch Evans Solicitors
This year marks the 50th anniversary of the Inheritance (Provision for Family and Dependants) Act 1975 (the “Act”) a law which has for half a century allowed many individuals to challenge a Will or bring a claim against an estate.
The Act has been relied upon by many, including:
- Disappointed beneficiaries.
- Beneficiaries who have not been sufficiently provided for in a Will.
- Or those who did not inherit under the Rules of Intestacy.
Whilst the Act has been considered a saviour by those who have had successful outcomes, the Act does bring into question whether testamentary freedom truly exists.
What is the act?
When an individual dies, their assets (money, property and possessions), known as their estate are usually passed on to their beneficiaries, either named in their Will or in accordance with the Rules of Intestacy (which is the law that decides who gets what in the absence of a will).
But what happens when someone you were financially dependent on dies and leaves you nothing and/or when a Will feels unfair?
Who can make a claim under the act?
This is where the Act comes in. It allows a range of individuals to bring a claim for ‘reasonable financial provision’ including:
- Spouse or civil partner;
- Former spouse or civil partner;
- Children of the deceased;
- Those treated as a child of the family;
- Someone who was financially dependent on the deceased; and
- Cohabiting partners.
Some applicants have a more straightforward case, whereas others must satisfy the court of their need for being maintained by the Deceased/ their estate.
Has the act evolved?
Since its introduction, the Act has been adapted to suit modern society, and the inclusion of cohabiting couples shows just how families have changed since 1975 – with more people choosing not to marry or having blended families.
Caselaw has established that a balance needs to be achieved to maintain testamentary freedom against the need to assist beneficiaries whose financial requirements have not been met.
The Courts have and continue to interpret the Act and provide guidance as to claims under the Act.
However, the developing and changing dynamics of families and relationships over the years has made it difficult for the Courts to set down precedents on how claims for each category of applicants should be dealt with, making each case turn on its individual facts.
This makes outcomes less predictable but also ensures the Court can tailor its decisions to what is fair in the individual circumstances. One of the most important points to understand is that no two cases are the same.
Your case
Whether you are a Personal Representative (Executor or Administrator) of an Estate looking to protect your position further to a claim against the Estate, or you are a disappointed beneficiary looking to gain a financial outcome consider a claim against from the Estate, it is always worth getting advice early on.
Our specialist Contentious Trusts and Probate Solicitors, within our Litigation department at Enoch Evans can assist and advise you as to your individual circumstances.
Personal reflection
50 years on, I consider the Act continues to assist and serve as a safety net for those disappointed or unfairly treated individuals.
The Law Commission’s recent report on ‘Modernising Wills’ mentions the Act but does not at this stage propose any reforms to reflect the more diverse relationships held in our society today.