Inheritance Claims
Inheritance claims are an expanding area within the Family Department at Royds – and we work closely with those in the private client team. We can advise you about the legal options available to you where you have been excluded from a Will and help you if you have a claim.
This area of the law is governed by the Inheritance (Provision for Family and Dependants) Act 1975. A claim may be made under this Act provided that the deceased person was domiciled in England or Wales at the time of their death.
The category of applicants who may be entitled to make a claim under the Act include;
- a spouse
- a former spouse who has not remarried
- a cohabitee who was living with the deceased during the whole of the period of two years immediately prior to the date when the deceased died
- a child of the deceased or a step child who was treated by the deceased as a child of the family
- any other person who immediately before the date of death was being financially supported either wholly or partly by the deceased.
In order for such a claim to be successful, it is necessary to show that reasonable financial provision has not been made for the applicant. There is also an important time limit to bear in mind when considering making this type of claim as all applications under this Act must be made within six months of the Grant of Probate or Letters of Administration being issued to the deceased’s personal representatives.
If you would like further information about Inheritance Claims or would like to arrange a meeting, please contact Patrick Hart or Simon McKirgan by email or by telephone on 020 7583 2222.
