Inheritance Act claims

It is traumatic when a loved one dies, and can be made worse if you were financially reliant on that person. If adequate provisions have not been made for you, a claim against the estate could be considered.

Claims can be made against the estate of a deceased person for financial provision.

Common claims arise when:

• the deceased failed to make a Will, and under Intestacy Rules you are not a beneficiary
• the deceased has not left you anything in their Will and you relied on them financially
• trustees of a discretionary trust in the deceased’s Will refuse to give you any provision from the estate
• a child is left out of the Will where there were doubts over their paternity or they were not known to the parent

If you were previously financially reliant on someone and they then pass away you are under a huge amount of strain. This is made worse should you discover you are not entitled to any of their assets.

Beneficiaries and executors will normally have to consent for you to receive provision. This is often not forthcoming, and due to time restraints action must be taken quickly.

Linder Myers Solicitors can help you deal with the executors, or make a formal application to court. This must be done within the first six months of Grant of Probate.

Linder Myers can provide definitive guidance on your potential entitlement before you enter any negotiation. This ensures you are fully informed. We can also advise on the necessary steps to make the provision between the parties legally binding.

Prices will vary depending on the individual circumstances of your case. Contact us for a free no obligation discussion.