Once the Court has considered all the various relevant factors to an applicant’s 1975 Act claim, the Court could conclude that they believe that the Will or Intestacy Rules does make “reasonable financial provision” for the applicant, and the applicant could lose their claim (and potentially be liable for the other sides costs, as well as their own).
If however the Court considers that the Will or Intestacy Rules does not make “reasonable financial provision” for the applicant, and that they ought to exercise their power under the 1975 Act to make “reasonable financial provision” for the applicant, it is only limited to what you need for your “maintenance” (save for a spouse or civil partner).
If the Court decides to make an award for an applicant, they have a wide discretion and powers to make a range of orders as outlined in section 2 of the 1975 Act (https://www.legislation.gov.uk/ukpga/1975/63/section/2), including but not limited to:
- periodical/income payments;
- a lump sum, for which there is case law to suggest that an applicant might expect to receive in the region of 10-11% of the deceased’s net estate;
- the transfer of a property outright; and/or
- a right to occupy a property.
Each case is decided upon its own facts. The award could be an outright award with immediate effect, or be on a deferred basis, or include putting assets/money into trust.
If a Court decides in an applicant’s favour, and they ‘win’ their claim, the usual position regarding costs in litigation is that the loser pays the winners costs, to be assessed by the Court if not agreed (although costs are largely agreed between the parties to avoid having to go to Court again solely on the issue of costs). As such, there would be a good chance that the applicant would also get their costs (albeit probably not 100%) paid for by the other side, either personally, or the deceased’s Estate.
To learn more please have a read of our blog "I've been excluded from a Will. Can I make a Claim?".
Here at Thornton Jones Solicitors we have a specialist team of inheritance act solicitors who can assist you and guide you through the process of making an application. To find out more call us for a free initial consultation at any of our four West Yorkshire based offices.
You can contact us here, or alternatively, you can call us to discuss further and to make an appointment at any of our four West Yorkshire based offices.
Solicitors in Wakefield - Call 01924 290 029
Solicitors in Garforth - Call 0113 246 4423
Solicitors in Ossett - Call 01924 586 466
Solicitors in Sherburn in Elmet - Call 01977 350 500
Thornton Jones Solicitors are a firm of Solicitors in Wakefield. We have a wealth of experience in providing Wills, Powers of Attorney, Probate, Contentious Probate and other Private Client Solicitor services. We also have offices in Garforth, Ossett and Sherburn in Elmet so if you are looking for a Solicitor in Garforth or a Solicitor in Sherburn in Elmet then call us to discuss your matter and to book an appointment.
About Stacie Hurt
Having trained at Irwin Mitchell in Sheffield and honed her skills at various law firms in and around Sheffield, Stacie joined Thornton Jones Solicitors early 2021 to help strengthen our Private Client team by bringing her wealth of Contentious Probate experience to the team.
Stacie says "I got into law to help people. I act for clients who wish to challenge the validity of wills, wish to bring Inheritance (Provision for Family and Dependants) Act 1975, or who were promised something by a deceased person but were left out of their written Will. Sometimes I will act for people who are involved in a dispute with other executors and/or beneficiaries of an estate, or for someone who simply wishes to receive their beneficial entitlement out of an estate."
When not helping clients receive what they are owed, Stacie enjoys keeping fit and listening to music. Stacie enjoys HIIT classes, playing netball, and running, and has completed the Sheffield Half Marathon raising funds for charity.