Have you been unfairly left out of a will or do you think you should have received a greater share of the estate? Or did your loved one die without a Will which means you are left with little or nothing?
Perhaps you are in a situation where you have been living with the Deceased for many years prior to his/her death as husband and wife, and tragedy strikes and your partner passes away. In addition to mourning for your loss, you are left worrying about how you are going to cope financially as perhaps you have either been left out of the Will or your partner died without a Will (the rules governing the disposal of assets where there are no Will makes no provision for cohabitees).
Alternatively, you might find yourself in a situation where your mother or father remarries and provides for their new family within their Will, yet fails to make provision for you.
Situations like these, unfortunately, arise often.
What can be done?
The Inheritance Act (Provision for Family and Dependants) 1975 allows close family members or dependants of the deceased to make a claim where the Will or the Intestacy Rules (the Rules governing distribution where there is no Will) failed to make reasonable financial provision for the claimant in all the circumstances.
What does this mean?
If you are a close family member or dependent of the deceased and feel that your loved one’s estate did not make adequate provision for you and this is considered unreasonable by the court, you might be entitled to recourse under the Act.
Who can claim under the Act?
Provided the Deceased lived in England & Wales, the Act can potentially assist the following individuals:
- A spouse or civil partner
- Former spouse or civil partner
- Cohabitee of Deceased for last two years prior to their death
- Someone being maintained by the Deceased immediately prior to their death
- Deceased’s child
- Someone treated as being the Deceased’s child
What is reasonable financial provision?
The key question to ask is “has the deceased’s estate made reasonable and financial provision for the class of the potential applicant by the standard applicable to that applicant?”
The amount awarded will depend on which of the following categories you fall within:
If you are a spouse or civil partnership of the deceased (or treated as spouse of civil partner), the court will look at what it is reasonable for you to receive. Significantly, the court is not concerned here with whether the amount required is for maintenance.
For the other individuals listed above (cohabitees, deceased’s child, etc), the court will consider what it is reasonable for you to receive for maintenance.
How can we help?
Martyn Prowel Solicitors can advise you on whether you are able to make a claim under the Act and can also assist you with bringing the claim should you wish.
We can also advise you on whether there are any other options available which might include contesting the will.
In addition, we can advise executors, administrators and trustees on whether the deceased’s estate might be subject to such a claim. It is best to seek advice prior to the disposal of assets.
We appreciate how distressing these situations can be for all those involved. Please get in touch with us on 02920 470909.