A claim for reasonable provision from an estate under the Inheritance Act (Provision for Family and Dependants) Act 1975
It can happen that a person was inadequately provided for under the terms of a Will. It can also arise that the deceased never made a Will and so their estate passes under the rules of intestacy. This can have unintended consequences. For example, a cohabitee of many decades would not receive anything under the intestacy rules.
To avoid unfair situations arising such as that mentioned above, a claim can be brought where a person can show that they have not been adequately provided for by the deceased. They can apply for ‘reasonable financial provision’ from the estate.
Who can bring a claim?
- The surviving spouse or civil partner;
- The ex-spouse or ex-civil partner, provided they (the ex-spouse or ex-civil partner) have not remarried or entered into a another civil partnership;
- Children of the deceased (including adults) and those treated by the deceased as their child;
- A person who lived with the deceased as husband or wife for a continuous period of two years immediately prior to the death. The two year period must be unbroken. However, if the cause of the parties’ separation was out of their control, such as one of the parties going into hospital, then the separation is ignored by the court;
- Anyone who was being maintained by the deceased immediately prior to the death.
The financial circumstances of the applicant and of all those who stand to inherit are taken into account by the court.
There is a tight time limit on these applications as they must be made within six months of the grant of probate or letters of administration.
We can assist by acting on your behalf in claiming reasonable provision or we can defend such an application.