Money – On Death

The death of someone close to you will be distressing.  Your grief can be compounded by financial vulnerability following your loss.  We may be able to help you if you are struggling financially after your bereavement.

The law may permit you to make a claim against the deceased’s estate under the Inheritance (Provision for Family and Dependants) Act 1975 if the deceased’s Will or the impact of the intestacy laws, or a combination of the two, fails to make reasonable financial provision for you.  It is important to note that the deceased must have died domiciled in England and Wales for this particular law to apply.  We have helped in many cases where the deceased has died abroad but we were still able to demonstrate that the deceased’s domicile was in England and Wales.  If you think that one of the following situations applies to you then financial provision may be available for you from the deceased’s estate :

  • You are the spouse or civil partner of the deceased;
  • You are the former spouse or former civil partner of the deceased and you have not remarried or formed a new civil partnership;
  • You were living in the same household as the deceased as if you were the husband or wife of the deceased or as if you were the civil partner of the deceased for the whole of the period of two years ending immediately before the death of the deceased
  • You are a child of the deceased;
  • You are not a child of the deceased but by way of marriage or civil partnership to your biological parent, the deceased treated you as a child of the family;
  • You were being maintained, either wholly or partly, by the deceased immediately before their death;

You may make a claim on behalf of your child even if you do not wish to make a claim in your own right.  In certain circumstances, an “adult child” may claim under the law.

The relevant law requires an application against the deceased’s estate to be issued within six months of the date of grant of probate or letters of administration of the deceased’s estate.  In certain circumstances, even if you find yourself outside of this six months period, we may be able to persuade the court to allow your claim to proceed.

If you would like an appointment with one of our specialists then please contact Miriam our Practice Manager on 01273 646900