However, even if there is no dispute as to the validity of a Will, the Inheritance (Provision for Family and Dependants) Act 1975 enables certain categories of people to make a claim for ‘reasonable financial provision’.
There are six categories of people who have the right to make a claim under the Act:
- A Spouse: This includes a spouse who has been separated from the deceased.
- A Former Spouse: The former spouse must not have remarried prior to the date of death.
- A Co-habitee: The co-habitee must have, for a period of two whole years prior to death, have been living in the same household as the deceased, as husband or wife. New legislation will extend this to expressly include same-sex partners who have been living, for a period of two whole years prior to death, in the same household as the deceased as a civil partner.
- A Child: This category includes adult children, children from a non-marital relationship, adopted and legitimated children, and children conceived prior to death, but not born until after death.
- A Person treated as a child of the marriage (eg. a step-child).
- A Person wholly or partly maintained by the Deceased: The contribution must have been substantial and ongoing immediately before death.
In deciding what is ‘reasonable’ the court will generally look at all the circumstances, which existed at the date of death. The size of the estate and the financial resources and needs of all the parties are obviously going to be key factors. If the individual claiming has a mental or physical disability, he or she is likely to have a stronger claim.
If you believe that you may have a claim, our specialist contentious probate team will be able to advise. Please call Andrew Wood on 01689 887815 or email andrew.wood@cwj.co.uk.
