Who can claim from an estate where they have been left nothing in the Will?

A person is up to a point free to dispose of their assets  to who they like if they leave a Will.

The only restriction to this comes from the Inheritance [Provision for Family and  Dependents ]1975 [the Act].

This allows certain categories of people to apply to the Court suggesting that they have not received reasonable financial provision via the Will or intestacy. The question the Court must consider is not whether the deceased has been unreasonable but whether reasonable financial provision has been made and if not what provision would be reasonable in all the circumstances.

Possible applicants under the Act include a spouse, civil partner and children.

Unless  barred by terms of the divorce a former spouse or civil partner[who has not remarried or formed another civil partnership]also has the right to apply under the Act as do dependents and anyone who was being maintained by the deceased.

For deaths after 1 January 1996   cohabitees  who  lived in the same household as the deceased ‘as husband or wife of the deceased ‘during a period of 2 years ending with the death can claim as well.

In assessing a claim under the Act looks at various factors including the financial needs and resources of the applicant and other beneficiaries, the size and nature of the estate any obligations and responsibilities the deceased had towards the applicant or any beneficiary and any other matters that it considers relevant. This wide discretion makes the predicting of applications under the Act  somewhat difficult in practice.

The Act defines reasonable financial provision in relation to a claim by a spouse or civil partner as such provision as would be reasonable in all the circumstances. For all other applicants the test is such provision as it would be reasonable in all the circumstances for the applicant to receive for his maintenance. A spouse is therefore generally in a more favourable position than any other claimant.

Successful claims under the act by adult children capable of earning their own living are not that common but claims by minor children in need of educational costs for example have a much better chance of success.

Maintenance is not limited to the necessities of life but is not so wide as to cover anything that may be viewed as desirable for an applicant’s benefit or welfare. It is regarded generally as payments which directly or indirectly enable the applicant in the future to discharge the cost of his daily living at whatever standard ogf living is appropriate to him.

Paternity tests are quite common as a claimant first has to establish whether they are one of the possible applicants entitled to claim under the Act. At least 20000 paternity tests are carried out each year in Britain, some being sold by companies criticised for cashing in on family crises.

If you do need advice on a potential claim against the estate or you need to defend such a claim then please contact Consumer Care by email: info@consumer-care.co.uk or by telephone on 0800 088 4660 and we will be happy to advise you.