Private Client
If a will or the intestacy rules leave you without adequate financial provision, you may need advice about a claim against the estate. The Inheritance (Provision for Family and Dependants) Act 1975 provides a possible route for certain people. Eligibility, financial circumstances and strict timing all matter.
Understanding your next steps
Potential applicants include spouses and civil partners, some former partners, children, people treated as children of the family, qualifying cohabitants and people maintained by the deceased. The detailed conditions must be checked, including the deceased’s domicile in England and Wales. Eligibility does not guarantee an award.
The court considers the applicable legal test and the circumstances. Your needs and resources, the estate and the position of others may all matter. We help identify income, housing, outgoings, health or care needs and evidence of support provided by the deceased.
We can discuss the position with someone considering a claim, or an executor or beneficiary responding to one. Early advice helps identify appropriate information requests, settlement discussions and whether urgent formal steps are needed to protect the position.
A clear way forward
Bring the will, any grant of probate or letters of administration and relevant correspondence. Do not delay contact while trying to collect every document.
Prepare a short history, evidence of cohabitation or financial support where relevant, and a realistic budget with details of assets and income.
We discuss eligibility, the available evidence, costs and possible negotiation or court action, including the steps required before a deadline expires.
Planning ahead
The work may include detailed financial evidence, negotiation and proceedings. We explain the proposed scope, legal fees and possible court, expert and barrister’s costs. Neither a successful claim nor payment of your costs from the estate can be assumed.
An application normally must be made within six months of the first grant of representation. A late application needs the court’s permission. Contact us urgently if a grant has been issued; do not assume negotiations extend the deadline.
Read our published Price Guide, then contact us to confirm the work you need and the costs involved.
View Price GuideUseful to know
Possibly. One route applies to someone who lived with the deceased in the same household as a married couple or civil partners throughout the two years immediately before death. Other eligibility grounds may also need consideration.
An adult child can fall within an eligible category, but that does not mean a claim will succeed. Financial circumstances and the statutory test need careful assessment.
No. This type of claim can arise under a valid will or where there is no will. It concerns financial provision, rather than whether the document was properly made.
Seek advice immediately. The court can permit a late claim, but permission is not automatic. The reasons for delay, the estate’s position and the overall circumstances will need examination.
General information for England and Wales. Contact us for advice about your circumstances.
SJS Solicitors · Balham
