Dependancy Claims

INTRODUCTION

If you make a Will you can give your Estate away in whatever way you think fit. There is an exception to this. The Inheritance (Provision for Family and Dependants) Act 1975 provides protection and allows a spouse, children and other dependants to make a claim for dependency in the event of them not being included in the Will.

SURVIVING SPOUSE

The Court needs to consider whether the deceased left a fair share of the family assets. This is assessed depending on the overall circumstances and the value of the Estate. If a spouse was divorced from the deceased it is unlikely they will succeed if the Divorce Court has already dealt with the financial arrangements. If the spouse has remarried then they will not be able to make a claim.

CHILDREN

In order to claim, children must have been maintained by the deceased prior to death. If they can prove this they are entitled to Reasonable Provision for their maintenance. This does not include a share of the family assets.

OTHER DEPENDANTS

These include dependants who were partly or wholly maintained by the deceased prior to death. This includes common law wives and mistresses. If they can prove this they are entitled to Reasonable Provision for their maintenance. This does not include a share of the family assets.

TIME LIMITS

A claim must be brought within 6 months of a Grant being issued by the Probate Registry. The Court does have the power to admit late applications in exceptional circumstances. To prevent an Estate being distributed a Caveat can be lodged which prevents the Grant from being issued for 6 months. Alternatively a Standing Search can be made to obtain details of every Grant issued in the past 12 months and in the next 6 months.

COSTS

It is expensive and complex to make a claim. Expert legal advice must be obtained. We can help.