Do you have a claim against an Estate?
Caunters can advise you on every aspect of claims against estates. We can advise you on the potential of your claim and should you wish to instruct us we will guide you through the process step by step.
Under the Inheritance (Provision for Family and Dependants) Act 1975 the following people may apply to the Court for an order that provision be made out of the estate of a deceased person:-
- the wife or husband of the deceased;
- a former wife or former husband of the deceased who has not remarried (and has not had their claims struck out by an Order in divorce proceedings);
- any person who during the period of two years ending immediately before the date when the deceased died was living in the same household as the deceased as the husband or wife of the deceased;
- a child of the deceased;
- any person who was treated as a child of the family;
- any person who immediately before the death of the deceased was being maintained either wholly or partly by the deceased.
Time constraints, make sure you don’t miss out
Any of the above who wish to make a claim against an Estate must do so within 6 months of the Grant of Probate or Administration. Caunters Solicitors can act for you in making a claim of this nature or defending one if you are an administrator or beneficiary of an Estate. It is usual for the administrators to take a neutral stance in these proceedings and to agree to abide by any settlement reached or the Court’s decision.