Claim for Reasonable Financial Provision from an Estate
Claim for Reasonable Financial Provision from an Estate.
Where the contents of a Will or the Rules of Intestacy are such that they do not make reasonable financial provision for a beneficiary/potential beneficiary that person may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Who can make a claim?
In order to make a claim a claim under the Inheritance (Provision for Family and Dependants) Act 1975 you must fall into one of the following categories and be either:
A) A spouse or civil partner of the deceased
B) A former spouse or civil partner of the deceased provided you have not remarried
C) A cohabitant of the deceased
D) A child of the deceased
E) Any child treated as a child of the family
F) Any person who immediately prior to the death of the deceased was being maintained by the deceased.
What is reasonable financial provision?
This is such financial provision as would be reasonable in all the circumstances for the beneficiary/potential beneficiary to have received under the Will. Various factors will impact on what is reasonable financial provision and every case will turn on its own specific facts as to what is reasonable.
Please note that it is very important that wherever possible any claim is started within 6 months of a Grant of Probate/letters of administration being issued.
It is possible to bring a claim outside of the 6 month time limit, but it is more difficult to do so.
If you think you may have a potential claim you should contact us for advice as soon as possible.