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Where a person has not been left reasonable provision in a Will or under the Intestacy Rules they may be able to make a claim against the estate of the deceased person under the Inheritance (Provision for Family and Dependents) Act 1975 (often known as “the Inheritance Act”). Such claims are often seen as an “indirect” means of contesting a Will which is otherwise valid.
Claims under the Inheritance
Act can only be brought by the following persons:-
The courts will look at each case on its own facts and decide what constitutes reasonable financial provision and what should be awarded in any case. In particular the court will look at :-
Strict Time Limit
Claims under this Act must normally be brought within 6 months of the issuing of the grant of representation (although exceptions may apply in rare circumstances) so it is important to seek urgent legal advice if you believe you have grounds to make a claim.
Contentious Probate team is highly experienced and has successfully represented
numerous clients in Inheritance Act claims. Whether you are considering making
an Inheritance Act claim or you are faced with a Claim against the estate which
you would like to defend, Ramsdens Solicitors have the expertise to assist you.