Who can bring a claim against an estate?

A claim may be brought against a deceased person’s estate if the person making the claim falls within the specific categories of people entitled to do so, such as a surviving spouse or civil partner, a child of the deceased, a cohabitee or a financial dependant.

What will the court consider when deciding a claim?

The Court will consider various factors in deciding the claim, including the financial situation of the claimant and other beneficiaries, the size and nature of the estate and the obligations and responsibilities of the deceased.

What will the Court award?

The Court has a wide discretion when deciding what remedies are suitable in claims against the estate. For instance, in addition to awards of money from the estate, the Court can order that a property that forms part of an estate should be held on a lifetime trust for a claimant to occupy until their death. The Court also has discretion in making costs awards at the end of a claim, an issue which can impact not only upon the claimant but also the other beneficiaries of the estate.

Our specialist solicitors based between our Luton and Berkhamsted offices are available to assist you with any queries you may have relating to claims against estates.

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