Do you wish to challenge a Will?
Have you been unreasonably excluded from a Will?
We appreciate that losing a loved one can be one of the most difficult times. We are here to help you to advise you on questions of financial provisions following the death of a loved one.
Was the deceased and maker of the Will coerced into drawing up the Will?
Was the deceased unduly influenced?
Did the deceased have proper mental capacity (testamentary capacity) to prepare the Will?
Did the deceased suffer from Alzheimer's or dementia?
Were you unfairly excluded from the terms of the Will?
Should you have inherited more under the Will?
Reasonable Financial Provision - Six Month Time Limit
You may wish to make an application for financial provision under a Will. You will be required to make an application under the Inheritance Act within six months of the Personal Representatives obtaining a grant of probate to allow them to administer the estate. The Court's permission will be needed to allow for proceedings to be brought outside of the six month period. However, the Court will only provide such permission in exceptional circumstances and therefore it is imperative that you obtain advice as early as possible.
Who can make a Claim to be provided for under a Will?
You can make a claim under the Inheritance Act if you believe that the Court should allow you to receive under a Will. You will be required to fulfil the below criteria:
- You need to have lived with the deceased for at least two years before their death.
- You are a child of the deceased.
- The deceased treated you as their child.
- You had been financially supported by the deceased up until their death.
A child or step-child of the deceased can make an application and the Court will consider the manner in which the applicant the child is being, or had expected to be, educated or trained. With regards to step-children, the Court will further look at the extent to which the deceased had taken on responsibility for the child's maintenance, whether any other person had a duty to maintain the child and whether the deceased, in taking responsibility for the child, was aware that she/he was not the natural parent.
What the Court looks at when considering claims under the Inheritance Act
- The financial resources and financial needs which the applicant has, or is likely to have in the foreseeable future.
- The financial resources and financial needs which any other applicant for an order under the Inheritance Act from the estate of the deceased has, or is likely to have in the foreseeable future.
- The financial resources and financial needs which any beneficiary of the estate of the deceased has, or is likely to have in the foreseeable future.
- Any obligations and responsibilities which the deceased had towards any applicant for an order or towards any beneficiary of his estate.
- The size and nature of the net estate of the deceased.
- Any physical or mental disability of any applicant or any beneficiary of the estate.
- Any other matter, including the conduct of the applicant or any other person, which in the circumstances of the case the Court may consider relevant.
You may be entitled to periodic payments or a lump sum from the deceased's estate.
Please telephone us on 020 7889 0100 if you wish to discuss your case or alternatively, we can be contacted via e-mail.