Claims against a deceased’s estate
Although there are no forced heirship rights in England and Wales (there are in Scotland), under the Inheritance (Provision for Family and Dependants Act) 1975, certain persons can bring a claim against a deceased’s estate, including:
- a spouse, or civil partner or any other person with whom the deceased was cohabiting continuously for the two years immediately preceding death as spouse or civil partner,
- children of the deceased (including illegitimate, adopted and adult children),
- any person whom the deceased treated as a child of the family and who was dependant,
- any other person being maintained by the deceased.
A claimant must show that they were financially dependent on the deceased and that the deceased’s estate did not make ‘reasonable financial provision’ for them.
Where the claimant is the spouse or civil partner of the deceased, the provision required need not be for the claimant’s maintenance but is based on what it is reasonable in all the circumstances of the case for the claimant to receive. For any other applicant, the standard is “such financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive for his maintenance”.
The burden is always on the claimant to make out the case for reasonable financial provision at the appropriate standard.
Peter doubts the claim has any merit and decides to ignore the letters and wait and see if their author brings a claim.
Click on the links to read the first, second, and third case studies from Edward Stone on the Warringtons.
