Certain categories of individuals can make a claim against an estate for reasonable financial provision in circumstances where someone on whom they are financially dependent has died without leaving them a sufficient inheritance for their needs.
Claims can be made regardless of whether a Will exists or not as a successful claim will result in the court changing the way an estate is distributed.
What is considered to be ‘reasonable provision’ will vary depending on the circumstances of the case but in order to decide this a court will consider:
- The claimant’s current and future financial resources and needs alongside that of any other person who may have such a need in the future
- The current and future financial resources and needs of any beneficiaries of the estate
- The deceased’s obligations to you and other persons/beneficiaries
- Any physical or mental disability that you or any beneficiaries have
A claim under the Inheritance Act must be made within 6 months from the date of issue of the grant of probate.
We recommend contacting us as soon as possible upon learning you have not been properly provided for under a Will or the intestacy rules.
For more information please consult our Contested Wills Experts: