Losing a husband or wife is one of the hardest and saddest trials anyone can face. Navigating the legal side of things—especially when you feel that you haven’t been given proper financial support—can feel overwhelming. At Gosschalks, we know that this is not just about money but about honouring the partnership you shared. We want to help you understand your rights and the steps you can take during this challenging time.

The Basis of a Claim

Under the Inheritance (Provision for Family and Dependants) Act 1975, surviving spouses like you have the right to make a claim against an estate if you believe that your late partner’s Will or the rules of intestacy do not provide enough financial support. This protection applies whether your partner left a Will or passed away without one. Grieving spouses have a lower bar to hurdle in making these claims than most other claimants, like children.

Reasonable Financial Provision

When deciding whether you have been given reasonable financial provision, the court will look at several factors, including:

• Your own financial needs and circumstances
• The financial needs and circumstances of other people involved in the estate
• Any obligations and responsibilities your spouse had towards you and other beneficiaries
• The size and nature of the estate
• Any physical or mental health considerations you face
• Any other matter the court finds important (such as family history and promises made)

For a surviving spouse, the court will consider what is reasonable in all the circumstances rather than what you absolutely need. They may well consider your past standard of living with your partner and compare this to the standard of living you would have if your inheritance (or lack of inheritance) was not changed. As a rough cross-check, the court can consider what you would have likely received in a divorce and then weigh this up against the other factors to decide the end result.

Steps to Making a Claim

If you feel that you have not received the financial support you need or are used to receiving, it’s important to act promptly. Claims typically must be made within six months of the grant of probate or letters of administration. Here are some initial steps to consider:

Initial Steps...

1. Seek Legal Advice: Contact a solicitor experienced in inheritance disputes. They can review your situation and help assess your potential claim.
2. Gather Evidence: Collect all relevant documents, including the will (if available), financial records and any other paperwork that supports your claim.
3. Draft your Claim: Your solicitor will help you complete and submit a Letter of Claim to explain why you should receive an inheritance or additional support. If needed, they will also help prepare the Claim Form and any necessary Witness Statements to escalate your case to the courts.

Mediation and Settlement

Often, Inheritance Act disputes are resolved through mediation. In this process, all of the parties work with an independent mediator to reach a compromise they can all accept. Mediation is usually quicker and less stressful than going to court, and it can spare you some of the emotional strain during an already difficult time.

Court Proceedings

If mediation is unsuccessful, the case may proceed to court. In court, the judge will review all the evidence from both sides and then make a decision based on the merits of your claim. As these cases can be complex and the rules give the court a wide discretion, it is essential to have skilled legal representation to present your case as clearly and positively as possible.

Conclusion

Feeling that you have been left without proper financial support as a surviving spouse is heartbreaking. However, it’s important to remember that you have legal options available to you. At Gosschalks, our experienced solicitors are here to offer the guidance and support you need to navigate this challenging time. Whether through negotiations, mediation or court proceedings, we are committed to helping you achieve a fair resolution.

We appreciate the pain and uncertainty that comes with this situation. If you have any questions or need assistance with making a claim, please do not hesitate to contact us. We are here to help you understand your rights and ensure that your interests are protected.

About the authour: Ben Marsden