Dependant claims following death

Every year thousands of people die without making sufficient provision for those that depend upon them. This may be because the deceased did not think far enough ahead and failed to make a will or make sufficient changes to a will. It may also be because the deceased decided to deliberately exclude one or more persons from his / her estate or leave them an amount which is insufficient to meet their needs. In either case the Inheritance (Provision for Family and Dependants) Act 1975 could help.

The Inheritance (Provision for Family and Dependants) Act 1977 gives the court power to change the amounts left to individuals (or in some cases institutions such as charities and churches) following death. This may be the case even where the deceased has left specific amounts to individuals / institutions.

The Court can only exercise its powers under the Inheritance (Provision for Family and Dependants) Act 1975 in favour of spouses / civil partners, former spouses / civil partners, individuals who have lived with the deceased for the last two years, the deceased’s children (or those the deceased treated as his/her children) and those “maintained” by the deceased.

We have particular expertise in assisting those “maintained” outside of the United Kingdom – many of whom may well be unaware that they are entitled to make a claim or benefit in any way from the deceased’s estate.

There are strict limits for bringing any claims. You generally have six months from the granting of probate or letters of administration. Exceptionally, it may be possible for this time limit to be extended.

If you think that you might have a claim against the estate of someone deceased then contact us for a free no obligation assessment of your prospects of success. We have a range of funding options available to suit all risk profiles and budgets. These include litigation funding (where a third party will fund some or all of your case in return for a share of any award) and, in appropriate cases, “no win no fee” agreements.