There are 5 types of people that can make an inheritance claim:
- Spouse or civil partner of the person who died
- Cohabitee (someone living as husband or wife with the deceased for at least 2 years immediately prior to death). Same sex cohabitees are also covered.
- Former spouse or civil partner who was receiving maintenance and has not re-married or entered into a new civil partnership
- Child or person treated as a child of the family
- Someone who has been financially supported by the person who died up until the death
Historically, it has been easier for those at the top of the list above to be able to bring a successful claim than those at the bottom of the list. However, the Courts in recent years have been more prepared to interfere with the provisions made in a Will than they used to be.
By way of example, the UK Courts recently made a decision where a daughter estranged from her mother for many years, to the point where her mother had not attended her wedding, and who had never relied upon her mother, was found, after instructing solicitors, to be entitled to challenge her mother’s Will that left her nothing.
Another example, where there was no Will made, saw an estate of over five million pounds pass to the deceased’s wife rather than to his current partner. The current partner instructed Solicitors who contested the Will on her behalf and successful provision was made to her.