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Inheritance Act Claims Guide

Inheritance Act Claims Guide

ELIGIBLE APPLICANTS

·       Spouse or civil partner,

·       Child (including adult child),

·       Cohabitee (two years prior to death),

·       Treated as a child,

·       Someone being maintained,

·       Ex-spouse (provided not remarried).

REASONABLE FINANCIAL PROVISION

·       Will or intestacy fails to make reasonable financial provision for you,

·       You have a need for maintenance.

SECTION THREE FACTORS

In determining whether reasonable financial provision has been made – the court will consider:-

·       Your financial circumstances now and in the future,

·       Any other applicant’s financial circumstances,

·       Any beneficiaries’ financial circumstances,

·       Any obligations the deceased owed to you and others,

·       Size and nature of the estate,

·       Whether any parties have physical or mental disabilities,

·       Any other factor – including anyone’s conduct.

AWARDS

Court can make a variety of awards including;

·       Lump sum,

·       Life interest in a property,

·       Transfer of a property,

·       Periodic payments,

·       Court can set aside other transfers in certain circumstances.

In certain circumstances, we are able to consider funding agreements for these types of claims.