RUGBY Offices

Private Client Department, Address: 16 Church Street, RUGBY, CV21 3PW, Telephone: + 44 (0) 1788 579 579, Fax: +44 (0) 1788 570 949

Conveyancing Department, Address: 26 Regent Street, RUGBY, CV21 2PS, Telephone: + 44 (0) 1788 551 611, Fax: + 44 (0) 1788 551 597

Commercial/ Wills, Trusts & Probate Departments, Address: The Robbins Building, 25 Albert Street, RUGBY, CV21 2SD, Telephone: + 44 (0) 1788 579 579, Fax: + 44 (0) 1788 552 888

LONDON Offices

2nd Floor Berkeley Square House, Berkeley Square, London, W1J 6BD, Telephone enquiries: +44 (0) 2078876590, Fax number: +44 (0) 207 8876001

BANBURY Offices

Strathmore House, Waterperry Court, Middleton Road, BANBURY, OX16 4QD, General Telephone enquires: + 44 (0) 1295 270999

Disappointed Beneficiaries

In the UK people are free to leave assets to whomever they choose. However, this freedom can mean that certain people who expected to benefit under the terms of a Will are not provided for.

If someone dies leaving a Will excluding a friend or family member who expected to benefit from their estate, or, if under the Rules of Intestacy a person is not provided for, they often feel that their only recourse is to make a claim against the estate.

Where ‘reasonable financial provision’ is not made for a person, the law can be used to change the distribution of an estate.

Under claims under the Inheritance (Provision for family and Dependants) Act 1975 the following  may be entitled to claim against an estate:

  • Spouse of Civil Partner of the deceased
  • Former Spouse or Civil Partner of the deceased
  • Child or person treated as a child of the deceased
  • Any person who was ‘maintained’ by the deceased
  • An person living as a husband/wife/civil partner living in the same household as the deceased for 2 years prior to death

If you feel that insufficient or inadequate provision has been made for you, our team has the expertise to sensitively manage claims in this area. We can assess your needs against those of other dependents or beneficiaries in order to advise as to whether a claim should pursued against or defended by the estate. 

It is important that if you wish to make a claim against an estate under the Inheritance (Provision for family and Dependants) Act 1975 that early specialist advice is taken. Claims can be complex and time limits need to be considered so specialist advice is essential.

Sharon Eyre, Solicitor
Tel: (01788) 559 504
Email: sharoneyre@brethertons.co.uk