An inheritance claim arises where
- a person has been left out of a will entirely or
- the gift under the will is not large enough or
- the distribution of a deceased's person's estate under the rules applying where the deceased died without a valid will is such that the person is cut out entirely or the gift is not large enough
and is therefore not sufficient to meet that person's reasonable needs.
There often needs to be an element of financial dependency on the deceased prior to the deceased's death.
A successful claim can result in the effective re-writing of the will or the imposition of an alternative outcome on the assets.
There are quite strict time limits of six months in which to bring a claim but the time limit can be extended in appropriate cases.
It is also possible to challenge the way in which an executor administers an estate or bring a probate claim to the court seeking the assistance of the court in resolving a dispute which has arisen in the administration of a deceased person's estate.