It is always a distressing time when a loved one dies. This is especially so if you discover that your loved one did not make proper provision for you in his/her Will, or died without making a Will in circumstances where the laws of intestacy do not benefit you.
If your loved one did not make the provision for you that you had expected, or even if you are merely worried about these issues, contact us now. We may be able put your mind at ease.
We specialise in bringing claims on behalf of loved ones for reasonable financial provision. We can also assist if you fear that your loved one may not have understood what he/she was doing when completing a Will, or may have been unduly influenced by another.
Act now! Time limits may apply. A claim for reasonable financial provision from a loved ones’ Estate must usually be made within 6 months of Probate being granted. Don’t leave it until it is too late.
Contact us by telephone on 0161 834 2623 or leave your details below and we will call you back.
Frequently Asked Questions
Who can make an Inheritance Claim?
- A spouse or civil partner.
- A former spouse or civil partner who has not remarried or entered into another civil partnership.
- A child of the Deceased.
- Any person (not being an actual child of the Deceased) who was treated as a ‘child of the family’ by the Deceased.
- Any person who was totally, or possibly even partly, financially dependent on the Deceased.
- This assumes that the Deceased died whilst being “domiciled” in England or Wales.
When should I make a claim for reasonable financial provision?
- Official rules state that an application for reasonable financial provision should be brought to the court’s attention within 6 months of the Grant of Representation. Do not delay. Contact us for assistance now.
- If you are late, all may not be lost. The court has the discretion to hear a claim outside of that normal timescale if there is good reason for doing so. Contact us for advice.
What if the Deceased did not make a Will?
- This is known as “Intestacy”. Special rules will apply governing how the Deceased’s assets are distributed. There are laws which dictate 1) who is entitled to receive provision from the Deceased, 2) how much they can receive, and 3) whether they can spend it all if they choose, or whether they must save a portion of it for others to inherit after they too have passed away.
- These fixed rules may not make provision for you. If this is the case, but you are eligible to seek reasonable financial provision from the Estate, we will be able to help you. If you are worried, contact us for assistance.
What if I think the Deceased was influenced to make provisions against his wishes?
- This is called undue influence. If it can be proven, it will make the whole Will invalid.
- However, it is very hard to prove. Strong evidence must be obtained before a judge will accept that undue influence occurred.
- Due to this difficulty, other factors might be accounted for to show that the Will is invalid. These tend to focus on the Deceased’s capacity to understand what he/she was doing when making the Will.
How do I fund a case like this?
- If you cannot afford legal fees, there are solutions which may suit you.
- A No Win No Fee agreement allows you to bring a claim without paying your solicitor up-front fees. If your case is does not succeed, you do not pay your solicitor anything. If your case is successful, the legal fees are usually paid by the Estate or your opponent. However, if you win, you may have to pay a “success fee” to your solicitor. This success fee cannot exceed 50% of the money you win in your case.
- A Damages Based Agreement works in a similar way to a No Win No Fee agreement. You do not pay anything if you are not successful. You pay a fixed share of your winnings to your solicitor if you are successful.
Will I have to go to court?
- Whilst many cases are settled out of court, if your case is challenged or refused by those dealing with the Estate, then legal proceedings may be necessary, especially as the rules only provide a short space of time to present your claim.
- However, parties to such cases are encouraged to resolve their dispute by alternative means, and Mediation services often bring a satisfactory settlement and prevent the need to attend court.
What is Probate?
- It is the process which the court follows to officially authorise someone to administer the Estate of the Deceased.
- A Will is not legally effective unless Probate has been granted to an “Executor” (or “Administrator” if the Deceased did not make a Will) by the court.
- The authorised person must then collect any money that is owed to the Deceased, pay off any debts owed by the Deceased (including taxes and funeral charges), and then share the remaining Estate amongst those entitled to receive payment, according to the Deceased’s wishes.
If you need any advice or assistance with any of these issues, call us on 0161 834 2623.