How to make a claim against a deceased estate

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A will can be defined as a person’s wishes in the form of a written document legally executed to which they declare the disposals of his or her property or estate after their passing. However, it is common knowledge that the deceased’s wishes may be not have been included within the will, or the will was rejected as invalid. In this instance one who feels they’re entitled to more of the provisions may claim against the deceased estate.

There’s a chance the deceased didn’t leave a will or the will is considered invalid and therefore one doesn’t receive their rightful share. Through the help of probate solicitors, one can claim against the estate to ensure they receive a share or a greater proportion of it.”

One may claim against the estate for financial provision if they fall within one of the specified categories of applicant that are stated in the Inheritance (Provision for Family and Dependents) Act 1975.

  • the spouse or civil partner of the deceased;
  • a former spouse or former civil partner of the deceased, but not one who has subsequently married or formed a new civil partnership;
  • a person who had, during the whole of the period of two years ending immediately before the deceased’s death, lived in the same household as if he or she were the husband, wife or civil partner of the deceased;
  • a child of the deceased;
  • any person who was not a child of the deceased, but was treated as a child of the family by the deceased, within a marriage or civil partnership; or
  • any person who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased.

If the claim goes to court, the court decide whether the financial provisions made to the claimant were justified. If it is decided the claimant is deserving of more, it will be discussed what provisions should be made that they are entitled to.

Calculating the entitlement of the claimant can be difficult as it isn’t objective and negotiations must be conducted sensitively, since the personal representatives who are managing the estate may include members of the deceased’s family who may themselves be a beneficiary of the estate.

Therefore, it is imperative the right representatives of the claimant are responsible. Such as probate solicitors who expertly handle these situations with professionalism and consider the emotional aspect of such cases.

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