Make A Claim Against A Deceased’s Estate
If the deceased dies and has not made proper provision for their loved ones then we can help!
Seeking help and assistance from a firm of specialist solicitors like ourselves is often the right thing to do.
We can help you sort out the legal side of things quickly, easily and at low cost.
Please call us for a free no obligation chat on 0800 3 10 11 12
Welcome to our web page relating to making a claim against a deceased’s estate.
None of us likes to think about death too much and as a result many of us don’t get around to making a will or if they have not updating their will to meet changing circumstances of life. Sadly, there are occasions when a person dies and it is clear that they have not made proper provision for their loved ones in their will. That can obviously lead to there being some challenging and difficult conversations between the people who are technically legally entitled to the deceased’s estate and the persons who are morally entitled to the deceased’s estate. These situations can be confusing, stressful and time consuming. It’s not easy having the hassle of trying to working your way through these difficulties estate and getting stressed over what to do and how to do it.
We Can Help!
If the deceased dies and has not made proper provision for their loved ones then we can help! Seeking help and assistance from a firm of specialist solicitors like ourselves is often the right thing to do.
Fixed Fee Initial Advice
If you would like help and advice in relation to whether you can make a claims then simply call us on 0800 3 10 11 12 or 01536 276300 and ask for Adrian, James or Amanda we would be delighted to initially assess whether your circumstances and potential claim is one that we can help you with. This is only a quick initial chat over the phone. Normally in order for us to fully and properly advise you we need to meet up with you for usually one hour on a fixed fee interview. This can be either face to face or we can have a face time or whats app conversation over the phone. the cost for the initial assessment is £200 + vat making a total of £240.00
Free Probate & Estates Information Guide
We offer a free no obligation guide called “How to Administer a Loved One’s Estate”. It covers obtaining grants of probate uk in England and Wales areas. It’s packed with useful information and hints and tips on what to do. So if you are not sure what to do at the moment, and simply want some further information, then download our free information guide.
Caring Friendly Service
At Seatons we are known as “the friendly professionals” and we care about you and are here to provide a sympathetic helpful and friendly service to help guide you through the legal complexities at this difficult time.
If the deceased left a will then it might be possible to try and argue that the will is invalid in some way. This could be be arguing any of the following:
- 18 (unless Privileged) – The deceased was under 18 when they made the will.
- Mental capacity – The deceased did not have sufficient mental capacity to make a will
- Intention to make will – The deceased did not actually intend to make a will to apply on death
- Know and approve contents – The deceased did not know or approve of the contents of the will
- No Undue influence – There was pressure and undue influence placed on the deceased to make the will
- Free from fraud or forgery – The will is a forgery
- S.9 WILLS ACT 1837 – The legal formalities to make a will were not complied with.
Inheritance (Provision for Family and Dependents) Act 1975 Claim
If somebody makes a Will or not, it is possible for their family and dependents to make a claim under what is known as the Inheritance (Provision for Family and Dependents) Act 1975 provides protection and allows a spouse, children and other dependents to claim against an estate for dependency in the event of not being included in the Will or not provided for under the laws of intestacy. The Court needs to consider whether the deceased or under the rules of intestacy the deceased left a fair share of the family assets. This is assessed depending on a number of important factors.
The act states that a Spouse or Cohabitee or Child or other person maintained by the deceased can potentially make a claim. The Applicant must be alive to claim and if they die then their personal representatives cannot continue with a claim.
The catagories of persons who can potentially claim are as follows:
SPOUSE/CIVIL PARTNER S1 (1) (a)
FORMER SPOUSE/CIVIL PARTNER S1 (1) (b)
COHABITEE LIVING TWO YEARS > SAME HOUSEHOLD & AS SPOUSE OF DECEASED (Post 1996) S1 (1)
CHILD S1 (1) (c)
PERSON TREATED AS CHILD (Post 2014) S1 (1) (d)
PERSON WHO WAS MAINTAINED BY THE DECEASED IMMEDIATELY BEFORE DEATH S1 (1) (e)
Reasonable Financial Provision
The courts take an objective approach to assess whether Provision for applicant is Reasonable. Factors the court might take into account include:
The facts of the case at the hearing
The deceased’s reasons
Change sin the Beneficiaries circumstances
There are two different standards that are applied as follows:
SPOUSE > REASONABLE FINANCIAL PROVISION in all the circumstances whether or not provision is required for maintenance
OTHERS > Reasonable financial provision for their maintenance only (In manner suitable to circumstances)
There is a two stage process ADAMS V LEWIS (2001)
- Did TESTATOR FAIL TO MAKE REASONABLE PROVISION (Using S3)?
- HOW TO ASSESS THE PROVISION
The deceased must be domiciled in England and wales
There is also a SIX MONTH time limit from the date of issue of the GRANT of Representation in which to make a claim.
Common Guidelines for all Applicants
Various common guidelines for all applicants include the following:
FINANCIAL > Balancing Resources and Needs of All Persons with claim against estate
MORAL Obligations to all claimants
SIZE & NATURE of the ESTATE
MENTAL & PHYSICAL DISABILITY taking into account DWP Benefits
ANY OTHER MATTER > Conduct, Statement from Deceased
Spouse Civil Partner Claims – Additional Guidelines s3(2)
Additional guidelines for spouse and civil partner claims include the following:
AGE of Applicant
FINANCIAL CONTRIBUTIONS to WELFARE of FAMILY
DIVORCE PROVISION Expected
DISCRETION > Divorce/Judicial Separation/Nullity > 12 Months of Death & No Financial Provision
In order to succeed with a claim a cohabitee must have Cohabited with Deceased for Two Years Immediately Before Death
Factors the court will consider:
> AGE of Applicant
> PERIOD LIVED TOGETHER
> CONTRIBUTION by Applicant to WELFARE of Deceased and Family
Considerations for Children
Factors to consider for children include the following:
TYPE OF EDUCATION
EXTENT OF MAINTENANCE
Had Deceased ASSUMED RESPONSIBILITY?
Was it INTENDED TO CONTINUE AFTER DEATH?
What BASIS for Assuming Responsibility
LENGTH OF TIME Responsibility had taken place
Child of the Family
If a person was TREATED as CHILD OF FAMILY then the court will CONSIDER:
> Manner of EDUCATION
> Deceased Assume RESPONSIBILITY for Maintenance
> Period of TIME
> Deceased KNEW Applicant was his child
> Liability of Any OTHER PERSON for Maintenance
Person Maintained by Deceased
If the deceased made a substantial contribution to that person’s REASONABLE NEEDS other than for full consideration then a claim might be viable. However, full commercial CLAIMS are barred.
The court considers:
> Contribution & Length of Maintenance
> Deceased Assumed Responsibility for Maintenance
If no evidence of responsibility, then claim will fail
In order to claim against an estate, 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.
A claim against an estate must be brought within 6 months of a Grant of Probate being issued. The Court does have the power to admit late applications in exceptional circumstances however. To prevent an estate being distributed, a caveat can be lodged which prevents the Grant of Probate from being issued for 6 months. Alternatively a Standing Search can be made to obtain details of every Grant of Probate issued in the past 12 months and in the next 6 months.
It is expensive and time consuming to make a claim against an estate and expert legal advice is strongly recommended. Please call us on 01536 276300 for a free no obligation chat and receive a quote.
Probate & Estate Specialists
I’m Adrian Chambers and specialise in Probate and Estate matters. We aim to provide our clients with an outstanding legal service.
We will help and support you and most importantly we work hard for you.
If you need help administering a loved one’s estate, please click here for further information.
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Please contact us for a free, no obligation chat on 01536 276300 or contact us online.