Beneficial Interest Claims After Death

• You may be able to claim a beneficial interest in a property after someone dies if you contributed financially or otherwise towards the property, even if your name is not on the legal title.
• If you believe you acquired a beneficial interest in a deceased person’s property, a claim under ToLATA may allow the court to determine whether you have an interest and, if so, the extent of your share.
• Where someone made you a sufficiently clear assurance about property and you relied on it to your detriment, you may have a proprietary estoppel claim. A successful claim can affect how property in the estate is dealt with, even where the will makes different provision.
• If you are eligible to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, your housing and financial needs may be relevant when the court considers whether reasonable financial provision has been made for you.
• A contentious probate solicitor can help you gather evidence, protect your position, and challenge the estate to secure your share of the property.

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

Written by Tanya Waterworth, Digital Content Writer

How To Claim a Share of a Property When Someone Dies

Beneficial interest claims after death occur when someone dies owning a property and a dispute has arisen over who is entitled to it.  In these situations, you may still have a beneficial interest in the property, meaning you own a share even though your name isn’t on the deeds.

Contributing money towards a property does not automatically give someone a beneficial interest. Whether an interest exists will depend on the particular facts, the nature of the contributions and the intentions or understanding of those involved.

If you find yourself in this situation, we explain your options to help you secure your share and the next steps to a contentious probate claim.

What Is a Beneficial Interest in a Property?

A beneficial interest is an equitable interest in a property which may give someone rights to a share of its value, even though they are not registered as a legal owner.

Whether a beneficial interest exists will depend on the legal and factual circumstances of each specific case. However, you may have a beneficial interest if you:

• Paid towards the deposit
• Contributed to mortgage payments
• Funded renovations or extensions
• Paid household bills that enabled the owner to pay the mortgage
• Relied on a promise that you would “have a home for life” or “inherit the property”

Beneficial interest claims typically arise when couples live together without joint ownership, or when family members help fund a property informally.

But it’s important to note that these factors do not automatically create a beneficial interest. The court will consider the circumstances of the relationship, the parties’ intentions and the nature of the contributions when deciding whether an equitable interest arose.

Does a Beneficial Interest Form Part of the Estate?

A person’s will can generally only dispose of assets that form part of their estate. If another person can establish that they already held a beneficial interest in a property, that interest may not form part of the deceased’s estate for distribution under the will.

This can be important where a property is registered solely in the deceased’s name, but another person claims that they acquired an equitable share during the deceased’s lifetime.

Did You Contribute to a Property That Isn’t in Your Name?

Many people contribute to a property informally, without paperwork. If you did, you may still have a legal right to a share. Even if the deceased’s will leaves the property to someone else, you may still be able to claim beneficial interest.

A solicitor will consider evidence of your contributions, the parties’ intentions and the overall course of dealings relating to the property. Therefore, you may be able to claim beneficial interest if:

• You paid regular sums towards the mortgage
• You funded improvements that increased the property’s value
• You paid for major repairs
• You contributed to household expenses with the understanding that the property was “yours together”
• You relied on assurances that you would inherit or retain the property

How to Prove Beneficial Interest After Someone Dies

Proving beneficial interest requires evidence and not just ‘say-so’. This will include looking at the whole picture, including financial behaviour, conversations between the parties, and the nature of the relationship.

Key evidence to gather may include:

• Bank statements showing payments towards the property
• Receipts for renovations or building work
• Text messages, emails, or letters discussing ownership or promises
• Witness statements from friends or family
• Proof of shared financial arrangements
• Evidence of reliance on promises made by the deceased

 Using ToLATA to Claim Your Share of the Property

The Trusts of Land and Appointment of Trustees Act 1996 (ToLATA) allows the law to resolve disputes about beneficial ownership of property.

Depending on the circumstances, a court may:

• Declare whether you have a beneficial interest in a property
• Determine the nature and extent of your share
• Make orders concerning the property, including ordering or postponing a sale in appropriate cases

A ToLATA claim may be particularly relevant where:

• You lived in a property with the deceased
• You contributed towards the purchase price, mortgage or other property-related costs but were not named on the legal title
• You believe you acquired a beneficial interest in a property that is now being treated as part of the deceased’s estate

Proprietary Estoppel: When Promises Create Property Rights

If the deceased made promises about the property, for example made statements such as: “this will be your home” or “you’ll inherit this one day” and you relied on those promises to your detriment, you may have a claim under proprietary estoppel.

To succeed, you must show:

• A sufficiently clear assurance or representation that you would receive an interest in the property
• Reliance on that assurance
• Detriment suffered, such as financial contributions, working without adequate payment or giving up other opportunities

Proprietary estoppel can be particularly important because property rights may arise even where there was no formal agreement or written contract.

If a claim succeeds, the court has discretion to award an appropriate remedy, which may include:

• A share or interest in the property
• A right to occupy or live in the property
• The transfer of property
• Financial compensation

Therefore, a successful proprietary estoppel claim may affect how the estate is distributed, including where this differs from the terms of the deceased’s will.”

Inheritance Act Claims: When You Need Financial Provision

If you lived with the deceased or depended on them financially, you may also claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Eligible applicants can include spouses and civil partners, certain former spouses or civil partners, children, people treated as children of the family, qualifying cohabitants and people who were being maintained by the deceased.

If you are eligible to bring an Inheritance Act claim, the following factors may be relevant when assessing your financial needs:

• You lived in the property as your home
• You relied on the deceased for housing or financial support
• The will leaves you nothing or too little
• You need funds to secure alternative accommodation

An Inheritance Act claim may sometimes be pursued alongside a ToLATA or proprietary estoppel claim, depending on the circumstances.

Why You Should Use a Contentious Probate Solicitor

Beneficial interest claims are legally complex and a contentious probate solicitor will be able to:

• Analyse your contributions and build a strong evidential case
• Advise whether ToLATA, proprietary estoppel, or the Inheritance Act is the best route
• Protect your rights before the estate is distributed
• Take appropriate steps to protect your claimed interest while the dispute is resolved and before the estate property is distributed or sold.
• Negotiate a settlement or represent you in court

Without specialist support, you risk losing your share or being pushed out of the property. We partner with experience contentious probate solicitors who offer a free, initial consultation to assess your potential claim.

FAQs: Why Speak to a Contentious Probate Solicitor About A Beneficial Property Claim?

What if the will leaves the property to someone else?

If you can establish that you already have a beneficial interest in the property, the deceased’s will may only dispose of the interest that formed part of their estate. You should obtain legal advice quickly to protect your position before the property is distributed or sold.

Can I claim if I only contributed to renovations?

Contributions towards renovations may support a beneficial interest claim, especially where they form part of an overall arrangement or understanding that you would share ownership of the property. Whether they are sufficient will depend on the circumstances.

What if there was only a verbal promise?

Verbal promises can support a proprietary estoppel claim if you relied on them to your detriment.

Do I need evidence?

Yes, you will need to gather documents such as financial records, messages, receipts, and witness statements all of which may help to support your claim.

How To Get Started

If you want to find out if you have a beneficial interest in a property after someone has died, our team can help.

Our partner panel of specialist lawyers offer a free consultation with no-obligation and a range of fee structures, including ‘No Win, No Fee’ along with other flexible funding – speak to our team to find out more.

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