I WANT TO MAKE A CLAIM AGAINST AN ESTATE AS A DEPENDANT


Adrian01Hello, My name is Adrian Chambers and I’m a solicitor with Law for Life. Welcome to our web pages relating to Estate Administration. If you have suffered the loss of a loved one and need help in administering their estate and in obtaining Probate then we can help.

If you need legal help and advice on administering a loved ones estate then Please call us on 0800 3 10 11 12 for a FREE no obligation chat and we can arrange for one of our specialist solicitors to help and sort it out for you.

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I WANT TO CLAIM AGAINST AN ESTATE AS A DEPENDANT


CLAIM AGAINST ESTATE If you make a will you can give your estate away in whatever way you think fit. There is an exception to this. The Inheritance (Provision for Family and Dependants) Act 1975 provides protection and allows a spouse, children and other dependants to claim against an estate for dependency in the event of not being included in the will. The court needs to consider whether the deceased left a fair share of the family assets. This is assessed depending on the overall circumstances and the value of the estate.

SURVIVING SPOUSE If a spouse was divorced from the deceased it is unlikely they will succeed with a claim against an estate if the Divorce Court has already dealt with the financial arrangements. If the spouse has remarried then they will not be able to make a claim against an estate.

CHILDREN In order to claim against an estate, children must have been maintained by the deceased prior to death. If they can prove this they are entitled to Reasonable Provision for their maintenance. This does not include a share of the family assets.

OTHER DEPENDENTS These include dependants who were partly or wholly maintained by the deceased prior to death. This includes common law wives and mistresses. If they can prove this they are entitled to Reasonable Provision for their maintenance. This does not include a share of the family assets.

TIME LIMITS A claim against an estate must be brought within 6 months of a Grant of Probate being issued. The court does have the power to admit late applications in exceptional circumstances. To prevent an estate being distributed a caveat can be lodged which prevents the Grant of Probate from being issued for 6 months. Alternatively a Standing Search can be made to obtain details of every Grant of Probate issued in the past 12 months and in the next 6 months.

COSTS It is expensive and time consuming to make a claim against an estate. Expert legal advice must be obtained. Please call us on 0800 3 10 11 12 for a free no obligation chat.  We offer No Win No Fee arrangements so if you make a claim and lose then it will not cost you a penny.

SPECILISTS We specialise in this area so if you feel as though you have lost out and want to make a claim then call us for a free no obligation chat on 0800 3 10 11 12.