In certain circumstances, certain categories of people can make a claim to receive some, or a larger, benefit from a deceased person’s estate.
Typically, this would occur where the Will of a Testator fails to make reasonable financial provision for them. Equally, where the deceased dies without leaving a Will (an intestacy), the usual rules may lead to someone who is entitled to claim perhaps not receiving any or sufficient provision from the estate.
If a court finds that financial provision should be made for an individual, the yardstick applied is what they need for their maintenance. Claims by a surviving spouse and civil partners are not limited to maintenance. Instead, they are judged according to what that spouse could have expected to have received in the event of the marriage ending by divorce instead of death.
In the absence of special circumstances, inheritance claims have to be made within six months of a Grant of Probate being issued, although the courts have a discretion to allow claims brought after this usual deadline.
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