We cannot stress how important it is for everyone to make a Will. There are however, some situations when claims can be made against a deceased person’s Estate even though they have made a Will.
Sometimes a deceased person may not have provided for a relative or dependant in their Will. Some relatives and dependants can make claims for financial provision from the deceased person’s Estate.
Claims can also be made against a deceased persons Estate if they have not made a Will.
Such claims are brought under the Inheritance (Provision for Family and Dependants) Act 1975 and must be issued at Court within 6 months of the date of the Grant or Probate / Letters of Administration.
If you believe you have a claim or wish to find out whether you should pursue a claim then it is important to seek legal advice as soon as possible as the Court deadlines are strict.
In most cases it is not necessary to issue Court proceedings as claims can be resolved by agreement.
Please contact our Sarah Thomsen for expert advice on this area of law.
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