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Family Provision

The law allows certain categories of family members and other individuals to make claims against the estate of a deceased where they have not been properly provided for. The legislation is in the Inheritance (Provision for Family and Dependents) Act 1975.

For example, the deceased may have made only very limited provision for his spouse or civil partner. The courts interpret the 1975 Act as meaning that the spouse or civil partner is entitled to the sort of share from the deceased's estate that he or she would have been entitled to on a divorce.

And sometime the deceased can fail to make adequate provision for his infant children.  The 1975 Act allows infant children to make a claim for financial provision from the estate.

The Unit works closely with the Dispute Resolution Unit and the Family Unit. Across the firm we have significant experience in -

• making claims on behalf of disappointed beneficiaries
• defending claims on behalf of beneficiaries
• advising executors and administrators when claims are made

For further information please click here to contact Charles Hayward.