Where a deceased's Will or the Rules of Intestacy do not make provision for an individual that was dependant on the deceased, that individual may make a claim to the Court for financial provision from the deceased's estate under the Inheritance (Provision for Family and Dependants) Act 1975.
Important initial consideration
If you are intending to make claim under this Act, it is important to first note that there is a time limit in which a claim must be brought.
Any claim must be made within 6 months of the date of the grant of probate or letters of administration. Whilst claims brought after this period may still be accepted, permission must first be sought from the Court so that a Judge can decide if such a claim should be allowed.
When making such a decision, the Court will bear in mind: -
Who can make a claim
There are a number of classes of individuals who can make a claim and these are: -
How with the Court consider any claim
The approach adopted by the Court is split over two stages. First, the Court will look at whether reasonable financial provision has been made for the claimant as a result of the deceased's Will. Second, if the Court decides that reasonable financial provision has not been made, then it will consider what, if any, provision should be made.
What is considered as reasonable financial provision by the Court will change on a case by case basis but will be assessed on the following factors:-