What will I receive in settlement of my Inheritance Act claim?
An Inheritance Act claim is a financial claim for ‘reasonable financial provision’ from a person’s estate. If you are claiming as a spouse or civil partner then such provision is what would be considered reasonable in all the circumstances, whether or not it is needed for your maintenance. For any other type of claimant it is reasonable financial provision for your maintenance only.
The courts have a wide discretion in redistributing the estate of a deceased person when an Inheritance Act claim has been made. The court will look at a number of different factors, including your financial resources, the financial resources of any other party, the size and nature of the deceased’s estate and any obligations or responsibilities that the deceased had.