Claims Against An Estate
Our inheritance dispute specialists will support you throughout the process
Claims against an estate - What should you consider?
Large and complex estates can present even more challenges, and it’s vital you have the experts on your side.
We understand that disputes of this sensitive nature will often involve disputes within the family and so can be particularly difficult. We can assist whether you have any concerns, or if you are administering an estate where others have some concerns and do not know how best to proceed.
Who can claim against an estate?
Parties who can claim against an estate include:
- A spouse or civil partner
- A former spouse or civil partner, provided they have not remarried or registered a new civil partnership, and they should not have a court order barring them from making a claim at the time of the split.
- Any other person with whom the deceased was cohabiting continuously for the two years immediately preceding death as a spouse or civil partner.
- Any children including illegitimate, adopted and adult children, and children conceived but not yet born at the time of death, but not stepchildren unless they have also been adopted.
- Any person who the deceased treated as a child of the family in relation to any marriage or civil partnership and who was dependant (eg a former spouse’s child from a former relationship).
- Any person the deceased maintained, financially or in other valuable manner; the person must have been looked after death to qualify for a claim.
Popular questions about making a claim against an estate
A claim for reasonable financial provision must be made within six months after probate or letters of administration have been issued, although the court can extend this period in certain circumstances.
To protect your estate from such challenges it is ever more important to create a professionally drafted watertight Will. Contact us today to write your Will.
The simple answer is yes. However, there are a few things you will need to consider. To learn more read our helpful guide here.
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