Inheritance (Provison for Family and Dependents) Act 1975
The death of a loved one can be a very difficult time especially if you have intentionally or unintentionally been left out of their estate.
Sometimes this can happen if someone hasn’t updated their Will or if they have a partner and haven’t made a Will (remember that a partner does not automatically receive any benefit on death)
You may also feel that you have been intentionally excluded from someone’s estate.
If you fall into certain classes of beneficiaries then the Inheritance Act allows you to make a claim against the estate if you have not received reasonable financial provision.
The categories of potential claimant are as follows:
- The wife, husband or civil partner of the person who died
- A former wife, husband or civil partner who has not since remarried or formed another civil partnership
- Someone who lived with the person who died for at least two years before the death
- A child of the person who died
- A person treated as a child of the person who died
Someone who has been financially supported by the person who died up until the death
What is assessed to be reasonable financial provision is dependent upon the circumstances or each case however our experts can give you advice as to your particular case.
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