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In some circumstances when a person dies and reasonable financial provision is not made for their family and dependants, either under the terms of their Will or under the intestacy rules.
If that happens, The Inheritance (Provision for Family and Dependants) Act 1975 ‘The Act’ allows a claim to be made against that person’s estate by certain categories of people.
Under the Act certain categories of people can bring a claim against a deceased’s estate on the ground that the estate does not make ‘reasonable financial provision’ for them. Applications must normally be made within six months from the date that a Grant of Probate is taken out in the deceased’s estate.
If you fall into one of the six categories below then you may be able to make a claim:
- The spouse or civil partner of the deceased
- A former spouse or civil partner of the deceased who has not remarried
- A child of the deceased
- A person treated as a child of the deceased – as a result of the marriage or civil partnership of the deceased
- A person who immediately before thane death of the deceased was being financially supported by the deceased
- A person who lived with the deceased for at least two years before the death
In considering any application, the Court will have regard to a number of different factors set out in section 3 of the Act including your future financial needs and resources, the needs of any other applicants/beneficiaries and the size of the deceased’s estate.
For expert advice from a specialist and for further information and or to make an initial free appointment to discuss a potential claim please contact our expert Kevin Richardson on 02392 660261 or e-mail krichardson@biscoes-law.co.uk