Wills and the law of intestacy do not always produce a fair result; reasonable financial provision is not always made for everyone entitled to expect this.
All is not necessarily lost as the law gives certain people the opportunity of claiming against an estate even if there is no provision for them under the Will or the Intestacy Rules.
You may have a claim under the Inheritance (Provision for Family and Dependants Act) 1975, as amended, if you fall into one of the specified categories of permitted applicants. It may be necessary to show that you were dependent on the deceased at the time of death. If such an application is successful, the Court can make a variety of orders which effectively rewrite the Will or the Intestacy Rules to ensure that reasonable financial provision is made for you.
Time limits are critical in family provision applications; if an application is not made within the specified time, you may lose the right to pursue what would otherwise have been a perfectly good claim. If you think you may have a claim, you should obtain specialised legal advice right away.
If you think you may have a case to challenge a will or the effect of the Intestacy Rules contact us and we will advice on your position and the best way to proceed. Jan is a member of the probate section executive committee of the law society.
Jan is a member of the Private Client Section Executive Committee of the Law Society.