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Financial Provision Claim

 

If you have been dependent on a person that has died and no provision or insufficient provision has been made for you in the Will or within the rules of intestacy (if there is no Will), you may be eligible to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable provision.

Who Can Apply?
  • the wife or husband or civil partner of the deceased;

  • a former wife or former husband or former civil partner of the deceased who has not remarried;

  • a child of the deceased, including an adopted child;

  • any person maintained by the deceased e.g. co-habitees including same sex co-habitees;

If you fall into one of these categories and you believe that insufficient financial provision has been made for you by way of a Will or intestacy then please contact us for an assessment so that we may find out more about your ability to make a claim.

Reasonable Financial Provision

In every application, the court must have regard to whether or not reasonable financial provision was made for an applicant by way of a Will or on intestacy. If the court determines that reasonable financial provision was not made for you, the court will look to vary the situation so as to increase the financial provision awarded to you. The court will have regard to many factors, of which, Dispute a Will can advise when determining what is reasonable and what is not.

What orders can the court make?

If the court determines that the Will or intestacy should be varied it can order:

  • regular payments to you from the estate;

  • a lump sum payment to you from the estate;

  • property to be transferred to you from the estate; and/or

  • that you benefit from an asset of the estate for your life.

What to do?

If you or a member of your family is concerned in any way about the provision that has been made in a Will or on intestacyplease get in touch with Dispute a Will on 0800 975 2166 or email via the contact page

We will often ask you to complete a short questionnaire to provide us with basic information about the circumstances.

Our team will consider your claim and let you know if they can assist and what the possible cost implication might be for you.

You will receive a telephone call from Dispute a Will following the completion of the questionnaire. We aim to respond to all questionnaires within 7 working days of receipt.

If Dispute a Will think it appropriate, we will provide a fixed fee interview, with a view to providing initial advice as to whether the matter should be pursued and, if so, the terms upon which we can act for you.

We are experienced in handling all kinds of Will Disputes and can minimise the financial and emotional costs of resolving them.

 

For further advice and help please do contact Dispute A Will 0800 9752166 or email vie the contact page

Call Us Free On 0800 975 2166