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Published On: March 14, 2022 | Blog | 0 comments

I haven’t received what I expected under a Will, how can I claim further provision?

It is possible to bring a claim against an estate (whether there is a Will or not) under the Inheritance (Provision for Family and Dependants) Act 1975 for an award where the Will or intestacy rules do not make reasonable financial provision.

Who can bring a claim for more inheritance under the Inheritance  (Provision For Family And Dependants) Act 1975?

The following classes of people are eligible to make a claim from the estate:

  • The spouse or civil partner of the deceased.
  • The former spouse or civil partner of the deceased who has not remarried or entered a subsequent civil partnership, providing this is not precluded by the divorce order.
  • Any person cohabiting with the deceased as if they are a husband/wife for at least two years prior to their death.
  • A child of the deceased (includes an adult child).
  • Any person treated as a child by the deceased.
  • Any person who was being maintained by the deceased immediately before death.

What are the grounds to bring a claim for more inheritance under the Inheritance (Provision For Family And Dependants) Act 1975?

The court will consider whether the Will or intestacy makes reasonable financial provision for the applicant. When considering whether reasonable financial provision has been made, the Court will take into account the following factors:

  • the current and future financial resources and needs of the applicant and the beneficiaries of the estate
  • any obligations and responsibilities which the deceased had towards the applicant and the beneficiaries
  • the size and nature of the estate
  • any physical or mental disability of the applicant or any beneficiary
  • any other matter which the Court may consider relevant, for example any party’s conduct.

This content was originally posted as a guide to will and inheritance disputes produced by Sarah Atkinson, Ryan Taylor and Tom Dickinson for the National Will Register, which can be found here.

* Disclaimer: The information on the Anthony Gold website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties, express or implied.*

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