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Inheritance Act Claim Solicitors: What to Expect at Your First Appointment

If you believe you have been left out of a will unfairly, or if someone is making a claim against an estate you are administering, inheritance act claim solicitors can assess your position and advise on your options.

The Probate Network provides an easy way to find an inheritance act claim solicitor (also known as Contentious Probate Solicitor) who will offer an initial free consultation. The consultation will be used to assess the merits of an Inheritance Act claim you wish to make or need to defend an Inheritance Act claim made against an estate.

This page explains what happens when you first speak to a solicitor, how they assess a case, and how legal costs are estimated.

What an Inheritance Act claim involves

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to make a claim against an estate when they feel the will, or the rules of intestacy (the rules that apply when someone dies without a will), did not make reasonable financial provision for them.

Eligible claimants include spouses and civil partners, former spouses or civil partners who have not remarried or formed a new civil partnership, cohabitants who lived with the person who died for the two years immediately before their death, children, anyone treated as a child of the family, and anyone who was being financially maintained by the person who died. Defending a claim is equally complex. In both cases, specialist legal advice is essential.

How a solicitor assesses your case

At your first appointment, the solicitor will listen to the circumstances of your matter in full. They will ask about your relationship to the person who died, the size and nature of the estate, and what provision, if any, was made for you or others.

From there, they will assess the legal merits of the claim. This means looking at whether you qualify to bring or defend a claim, what evidence supports your position, and how a court might view the circumstances.

They will also consider the value of the estate. For example, a claim may be technically valid but impractical if the estate is small or heavily encumbered by debt.

What evidence a solicitor will want to see

The solicitor will usually ask you to bring, or gather, relevant documents. These typically include:

• A copy of the will (if there is one)
• The grant of probate or letters of administration, if issued
• Evidence of your financial position and needs
• Any correspondence relevant to the deceased’s intentions

The more detail you can provide at the first appointment, the more accurate the solicitor’s initial assessment will be.

How costs are discussed

Cost transparency is an important part of the first appointment. The solicitor will explain the likely cost structure for your matter. In some cases, inheritance act claims solicitors offer conditional fee arrangements, sometimes called “no win, no fee” agreements, where their fee depends on the outcome of the case. Not every case qualifies for this arrangement.

The solicitor will also explain the risk of adverse costs. This means the possibility, in contested litigation, of paying some of the other side’s legal costs if the claim is unsuccessful. Understanding this risk early helps you make an informed decision about how to proceed.

Pursuing or defending a claim through The Probate Network

Through The Probate Network, we can send details of your circumstances directly to our network of inheritance act claim solicitors. These are specialist lawyers with experience in both pursuing and defending claims under the 1975 Act.

Whether you are an executor defending the estate or an individual considering a claim, we will match your circumstances to a solicitor suited to your needs.

The free consultation will help you to understand your position before committing to anything further.

Frequently asked questions

Is there a time limit for making an Inheritance Act claim?

Yes. A claim must normally be issued within six months of the date the grant of probate or letters of administration is issued. The court can give permission for a late claim, but only in limited circumstances, so speak to a solicitor as soon as possible.

What will the solicitor ask me at my first appointment?

They will ask about your relationship to the person who died, what the will says, what provision was made for you, and your current financial circumstances. The more information you bring, the more useful the first appointment will be.

How long does the first appointment usually take?

Most initial appointments last between 20 and 30 minutes. The solicitor will use this time to understand your situation and give you a preliminary view on the strength of your case.

Will the solicitor tell me if my inheritance act claim is worth pursuing?

Yes. After hearing the facts, the solicitor will give you an honest assessment of the merits. They will also outline the risks, including the cost implications if the claim does not succeed.

Can a solicitor help me if someone is making a claim against an estate I am administering?

Yes. Inheritance act claim solicitors advise on both sides of a claim. If you are an executor or administrator facing a challenge, a solicitor can help you understand your duties and defend the estate’s position.

Request an appointment with an inheritance act claim solicitor through The Probate Network. Submit your details and we will connect you with a specialist who can assess your case.