I am a child of the deceased, but am now an adult. Can I make a claim?
Children of the deceased are automatically entitled to bring a Claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
However, whilst adult children are entitled to make a claim, there are more factors which the Court must consider in these cases, such as:
- Financial factors and personal circumstances of the parties
- The size and nature of the estate (The Court’s are reluctant to have cases brought to Court that are less than a minimum of £200,000). This does not preclude you making a claim though, it just means that it is preferable to negotiate a settlement.
- Any obligations and responsibilities which the deceased had towards any of the parties
- Whether the parties have any relevant disabilities which should be taken into account
We are aware that contesting a Will or defending a claim is a difficult time for those involved; not only is there the pressure, stress and strain of being involved in legal action but this is at a time when you are grieving for a loved one and often involves family members.
We pride ourselves on conducting inheritance disputes with the compassion and sensitivity required.We can provide you with a unique service, as our team are specialised not only in bringing contested claims after the event, but also in administering estates and Will drafting, so we can advise on steps to be taken to avoid claims.