Inheritance Act Claims For Reasonable Financial Provision

There may be occasions when a person who feels they should have been provided for is not, or does not receive enough under a Will or intestacy (where the deceased died without a Will and the government has fixed rules on who is entitled and to how much).

If you think that this applies to you Cohen Cramer Solicitors can give you the help and advice that you need.

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain groups of people may be able to claim reasonable financial provision to be paid to them from the estate. Please be aware  that you only have six months from the date of the grant of probate to make your claim so it is important that you contact us as soon as possible. If more than six months has passed, the Court may grant an extension of time but this would only be in exceptional circumstances.

Who can claim?

  • Spouse/civil partner, even if separated
  • Co-habitee of more than two years
  • Child of deceased
  • Person treated as a child of the deceased
  • Person dependant on the deceased
  • Former spouse/civil partner if not remarried or in new civil partnership

Why would you claim?

  • You have been left out of a Will completely
  • You are included in a Will but have not been left as much as you need
  • There is no Will and under the Intestacy Rules you do not get anything
  • There is no Will and the Intestacy Rules do not give you enough
  • The deceased supported you whilst alive and this support should continue

What can you claim?

  • A spouse can claim reasonable financial provision
  • Other claimants can claim provision for their maintenance

How is reasonable financial provision worked out?

The court will look at several factors, such as:

  • Nature and length of relationship
  • Financial needs of the claimant
  • Financial needs of other beneficiaries
  • Extent of the estate
  • Any duty or obligations the deceased had towards the claimant or other beneficiaries
  • Any disability of the claimant or other beneficiaries

Beneficiaries can also be disappointed if they do not receive what they were promised they would get.  If you are disappointed by what you have received there may be grounds for a claim.

For examples of reasonable provision claims under the Inheritance Act please click here

For the advice you need contact the probate team at Cohen Cramer for clear, sensitive, professional advice:

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