Sometimes when someone dies, members of their family look at the provision that has been made for them by the terms of the deceased’s Will and feel that they should have been provided for differently.
Those who can apply for provision from an Estate are strictly limited but include, spouses, civil partners, children and those who were being maintained by the deceased immediately prior to their death.
Strict time limits apply for the making of an application for provision. A claim must be made within six months of the date of the Grant of Probate so if you think you need to make a claim it is important to act quickly and contact our team for advice.
The Courts will consider whether:-
Reasonable financial provision has been made for the applicant by the deceased under the Will (or through the intestacy rules).
What provision should be made if no reasonable financial provision has already been provided for.
Claims under the Inheritance (Provision for Family and Dependants) Act 1975 will consider the relative assets and needs of all the parties so no two cases are the same.
If you think you should make a claim or if you are faced with defending or dealing with a claim under the 1975 Act then contact our team today and we will be happy to talk things through with you.