When someone dies and doesn’t leave money to those who expected it

When someone dies, their Will (or the intestacy rules if there is no Will) determines how their estate is distributed. However, what can you do if you feel that you have not been adequately provided for? Under the Inheritance (Provisions for Family and Dependants) Act 1975 (‘the Act’), you may be able to make a claim against the deceased person’s estate for reasonable financial provision.

Am I able to make a claim?

This will depend on your relationship to the person who has died. The Act includes a list of people who can make a claim against the estate. You can potentially make a claim if you are a spouse or civil partner of the deceased person (including a former spouse), a child (of any age) of the person who has died, or if you were treated by the deceased as a ‘child of the family’, or someone who was financially dependent on them at the time of their death.

What does ‘reasonable financial provision’ mean?

The court considers the facts of the matter, for a spouse or civil matter, this may mean provision similar to what they could have expected in a divorce settlement. For other applicants, it usually means what is reasonable for their maintenance.

A Court will consider an applicant’s financial needs and resources including, but not limited to, the needs and resources of other beneficiaries or claimants, the size and nature of the estate.

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.

How long do I have to make a claim?

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

The statistics appear to show an increase in inheritance disputes over the years, owing to blended and complex family structures, rising property values and economic pressures as a result of the cost-of-living crisis. As such, if you are not provided for, it can cause significant financial difficulty.

The team at Fraser Dawbarns 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.