Financial provision from an estate
Probate and administration of an estate is the process of dealing with a deceased person’s estate – either where there is a will specifying how the person’s assets are to be distributed, or where the person dies ‘intestate’ (this means without a will) in which case their estate is administered under the rules of intestacy.
Sometimes disputes arise over the administration of the estate, for example:
- 1. It may be asserted that the will was entered into by the deceased person under ‘undue influence’ or where they lacked capacity (meaning that they were not able to make decisions). In these situations, it is possible to challenge the validity of the will.
2. A perfectly valid will may fail to make reasonable financial provision for a spouse/civil partner (or a former spouse/civil partner), a child, a person in respect of whom the deceased stood in the role of parent, or any person who was being maintained by the deceased immediately before the death – or the deceased died without a will and under the intestacy rules no provision exists for a person as listed. Such a person may make a claim against the deceased’s estate for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
We can assist in making or defending such claims.