Where no financial provision has been made in the Will

The Inheritance (Provision for Family and Dependants) Act 1975

If you feel that you have been unfairly excluded from in a Will or an unreasonable provision has been made for you then you may have a claim against the deceased Estate under the Inheritance (Provision for Family and Dependants) Act 1975.

You can make an application if you fall into one of the following categories:-

  1. Spouse or Civil Partner of deceased;
  2. Former spouse or civil partner of the deceased who has not formed a subsequent marriage or civil partnership;
  3. Child of the deceased;
  4. Any person (not being a child of the deceased) but was treated by the deceased as a child of the family; and
  5. A person who was being maintained by the deceased immediately before death either wholly or partly.

Remember: The application must be made within six months of the Grant of Probate or Letters of Administration (for more information on Grants of Probate/Letters of Administration, please click here).

The Inheritance (Provision for Family and Dependants) Act 1975 enables the Court to examine the relationship of financial dependence of the applicant to the deceased.

The Court decides whether or not reasonable financial provision should then be made for the applicant.

If you feel the above applies to you, call us now for free initial advice and assistance.