Sarah Stanyer Assistant Solicitor Wortley Byers LLP
Where there's a Will...or not
In England and Wales a person is free to leave their property to whomsoever they wish and in whatever proportions they wish. That said, in doing so they should give consideration to any individuals they have any obligation to or responsibilities for.
If inadequate financial provision is made then legal action can be commenced under the Inheritance (Provision for Family and Dependants) Act 1975 by any person (of any age) deemed under the Act to be a dependant of the deceased.
If the applicant is not the spouse or civil partner of the deceased their claim will be limited to maintenance. However, if the applicant is the spouse or civil partner of the deceased the court will make more generous provision whether or not it is required for their maintenance.
Obviously, any award by the court will be governed by the size and nature of the estate.
An application for reasonable financial provision can be made to the Court regardless as to whether the deceased left a Will or not. Time is of the essence and the time limit for making an application is 6 months from the date a grant of probate or letters of administration is obtained.
