Have you inherited less than you expected?

It may be only after someone has passed away that you discover that their Will does not leave a reasonable financial provision for you, possibly leaving you facing real financial difficulty. All is not lost – there are provisions under the Inheritance (Provisions for Family and Dependants) Act 1975 which may allow you to make a claim against the deceased’s estate. Fraser Dawbarns LLP has a well established team to help you with your claim.

Am I able to make a claim?

This will depend on your relationship to the deceased person. The Act includes a list of people who are able to make a claim against the estate. You are able to make a claim if you are a spouse or civil partner of the deceased (including a former spouse), a child (of any age) of the deceased, or a person who was treated by the deceased as a ‘child of the family’, or someone who was financially dependent on the deceased at the time of their death. If you are in doubt about whether you have a claim, Fraser Dawbarns LLP can advise you about this.

How long do I have to make a claim?

Time begins to run out once the Grant of Probate has been issued – you have 6 months to start any claim from that date. A Court does have the power to allow this 6 month period to be extended, but this will only usually happen in exceptional circumstances – so you can’t rely on this. Our best advice is therefore to issue any claim within 6 months of the Grant of Probate.

What evidence will I need to provide?

You need to be able to show that the Will and/or the law does not make a ‘reasonable financial provision’ for you. The tests for surviving spouses or partners and other claimants are different.

If this goes to Court, what factors will they take into account?

The Court will look at certain guidelines. The common guidelines cover aspects such as the size and nature of the estate – no estate is too big or too small, and the needs (including disabilities) of all the people affected, including other beneficiaries of the estate. The Court will take into account these elements at the time of the claim and looking forward into the foreseeable future. The Court will also consider any moral obligations of the deceased towards any person involved, and also anything else the Court feels is relevant. If you are making a claim for financial provision from an estate, the Court may also take your conduct and resources or obligations into account .

If, after the Court has assessed the situation, it agrees that the Will or intestacy did not provide a reasonable financial provision for you, the Court can make an order which will state how much you are entitled to receive from the estate, where the money for the financial provision will come from, and how it will be paid to you.

The team at Fraser Dawbarns LLP is dealing with an increasing number of claims of this type every year and acts for both claimants and other affected parties, such as executors, or other beneficiaries.

How To Contact Us:

To contact a member of our team, you can fill in our online enquiry form, email info@fraserdawbarns.com, or call your nearest office below. If you’d like to speak to a member of our team at one of our offices across Norfolk and Cambridgeshire, visit our offices page.

Wisbech: 01945 461456

March: 01354 602880

King’s Lynn: 01553 666600

Ely: 01353 383483

Downham Market: 01366 383171

This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances. Fraser Dawbarns LLP is always happy to provide such advice.