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Have you been left out of a loved one's Will?



Losing a loved one is devastating. Imagine, then being told that you do not feature in their Will, when you were reliant upon them for financial support.


What do you do when your loved one has passed?


With the financial climate being what it is, and families and individuals struggling to meet the daily cost of living, being left out of a loved one’s Will when you least expect it, could have significant financial implications on you. In certain circumstances, there may be potential remedies available to you.


You could be entitled to pursue a claim against the estate of a loved one who has recently passed away, where that Will fails to make reasonable provision for you as a family member or dependant, providing you satisfy certain criteria, under the Inheritance Act Claim (Provision for Family and Dependants) Act 1975.



For instance, the 1975 Act allows for a spouse, civil partner, child or a person who was being directly maintained either wholly or partially by the Deceased, for at least two years prior to their death, to potentially bring a claim against the Deceased’s estate, for reasonable financial provision.


Whilst “reasonable financial provision” doesn’t necessarily mean that you will recover from your loved one’s estate the amount you may think you should be entitled to, any financial hardship you now face, which can be evidenced, as a result of a loved one’s passing, is likely to be taken into consideration.


It is worth noting however, there are strict time limitations in which you are able to proceed with a claim. It is therefore important to obtain legal advice as soon as possible.


For advice on Inheritance Act Claims or defending or contesting a Will please contact Rebecca Watson on 01937 547024 or rebeccaw@hartlaw.co.uk


We can also assist with an array of legal issues relating to probate, lasting powers of attorney, making Wills and assistance with the administration of an estate. Hartlaw LLP is happy to assist you with advice tailored to your specific set of circumstances. Please contact us on 01937 547000 or email info@hartlaw.co.uk



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