Two adult brothers have failed in their attempt to be given a share of their deceased father’s estate after being left out of his will. The High Court ruled that it was clear that the father had made provision for them while he was alive and did not want them to receive anything further. The
Inheritance Claims Against an Estate
An individual’s estate will be dealt with either according to their will or, if no will has been written, according to the rules of intestacy. However, where someone feels that either the will or the intestacy rules fail to provide them with reasonable financial provision, they may make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975.
Talk to one of our friendly and experienced team on 01582 514000
Whether acting for claimants, executors or beneficiaries, we have the experience and specialist knowledge to assist you with claims against estates. The remedies available at Court are wide and the costs consequences significant, so we ensure that our advice is practical and commercial, whilst remaining focused on achieving the best possible outcome for you.
Our recent experience includes:
- Advising a beneficiary on a claim against a valuable estate worth £1.7m;
- Acting on a complex matter involving 10 parties which included 9 beneficiaries under the will; and
- Acting on a case which involved multiple claims against the estate, the dispute involving an ex-spouse and the parentage of an unacknowledged child of the deceased.
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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