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Inheritance Act Claims
If you believe you have not been left adequate provision under a Will or by nature of the intestacy rules then you may be able to bring a claim against the estate for reasonable financial provision under the Inheritance (Provision for Family & Dependants) Act 1975.
In order to make a claim, you must fall into one of a few specific categories:
- The wife, husband or civil partner of the deceased
- A former wife, husband or civil partner who has not entered into another marriage or civil partnership
- Someone who lived with the deceased for the last two years of their life
- A child of the deceased, which includes those who have been adopted, those treated as a child of the family, and extends to adult children of the deceased
- A dependent of the deceased – someone who was financially supported by the deceased up until their death
There are many factors that the Court will consider to determine whether an applicant has been left reasonable financial provision and, if not, how much they should receive from the estate, including:
- The applicant’s current and future financial resources and needs
- Anyone else’s current and future financial resources and needs, including other applicants and the beneficiaries
- Any obligations and responsibilities the deceased had towards any applicant or any of the beneficiaries
- The size and nature of the estate
- Any physical or mental disability of any applicant or any beneficiary
- Any other matter the court may consider relevant, including the conduct of the parties, the length of the marriage or civil partnership, and the contributions made by the parties to the family’s welfare.
Taking all of these in to account the Court will decide how much it is reasonable for an applicant to receive from the Estate.
Our solicitors will guide through this process with care, empathy and expertise. Please contact one of the team if we can be of any help.
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