Inheritance Claims – For Your Children
There may be circumstances in which you need to make a claim against the estate of another person, not on your behalf, but on behalf of your children. If your children are under the age of 18, then as the parent or guardian, you may need to step into their shoes to bring a claim on their behalf.
In most cases, a claim brought by you on behalf of your children will be against the estate of a person who had been close to you or your children. Great tact and sensitivity is needed, not least if your co-parent has children from another relationship who may also be in need of financial assistance from the deceased’s estate.
One example would be if your children were being maintained by your co-parent at the time of that person’s death, perhaps through the payment of voluntary child maintenance or payments arising under a court order. It may be the case that the deceased did not leave a Will but died intestate which means your children’s financial payments would stop. A claim may need to be made as soon as possible to see if the administrators of the estate will be willing to accept a claim by you on behalf of your children. Even though there may be a Will left by the deceased, there may be insufficient financial provision for your children specified in that Will so a claim may still need to be brought.
If a claim is needed on behalf of your children we will always strive to use a form of dispute resolution, such as mediation or the collaborative law model, that is respectful of the family situation that you and your children are likely to be facing in the future.