Bartletts Solicitors

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Dependancy Claims

Bartletts Solicitors dependancy claimsIf someone you know has died and you believe you should have received an inheritance or that you have not received a sufficient inheritance, then you may have grounds for making a dependancy claim.

In such cases where the deceased did not make a will, intestacy rules dictate that their spouse and closest relatives inherit the estate. If you feel you’ve not been provided for under the intestacy rules or that the amount you will receive is less than it should be, you could be entitled to make a claim.

Can You Make A Dependancy Claim?

The law regarding dependancy claims is complicated, which is why you’re advised to seek legal advice if you feel you may have a right to make a claim – and to do this immediately as you only have 6 months from the date of the grant of probate to bring such a claim.

While we strongly encourage you to get in touch with us as soon as possible to discuss your individual circumstances, as a guide you can make a claim if you fall into one of the following categories that The Inheritance (Provision for Family and Dependants) Act 1975 outlines:

  • The spouse or civil partner of the deceased
  • A former spouse or former civil partner of the deceased, but not one who has subsequently married or formed a new civil partnership
  • A person who had, during the whole of the period of two years ending immediately before the deceased’s death, lived in the same household as if he or she were the husband, wife or civil partner of the deceased
  • A child of the deceased
  • Any person who was not a child of the deceased, but was treated as a child of the family by the deceased, within a marriage or civil partnership
  • Any person who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased

If you come under the last category, you will need to show that the deceased was making a substantial contribution to your needs. This is not straightforward to do, and numerous court cases have arisen regarding who does and who doesn’t demonstrate such a contribution was being made.

Should your case go to court, this will be assessed and if successfully proven then it will be investigated whether the deceased estate made reasonable financial provision for you and, if not, it will be decided what provision should have been made. If you win your case, you could receive maintenance or a capital sum, depending on your particular circumstances.

If you come under any of the other categories and your case goes to court, then it will be decided what your entitlement should have been and the court will order that you then receive this provision.

The Experience And Knowledge To Help

Calculating the specifics of your entitlement can be complex, and negotiations need to be made carefully given the sensitive nature of the situation. After all, personal representatives who are managing the estate may include family members of the deceased who may be beneficiaries of the estate also.

With years of experience handling dependancy claims against estates of all sizes and in a wide range of circumstances, Bartletts Solicitors in Chester can help you make a claim if you believe you’ve not been provided for in a will or not been provided for under the intestacy rules if the deceased did not make a will.

Make an enquiry today

For free legal advice regarding your particular situation, contact one of our Wills and Probate Solicitors today at our Bartletts Solicitors Liverpool office – Marldon Chambers, 30 North John Street, Liverpool, L2 9QN or our Hoole office at Martins Bank Chambers, 31 Hoole Road, Chester CH2 3NF.

You can contact our specialist solicitors at our Liverpool, Chester or Wrexham offices or email advice@bartletts.co.uk.

Alternatively, you can Make An Online Enquiry and one of our team will be in touch with you as soon as possible.

Wills & Probate

  • Wills & Probate
  • Wills
  • FAQ’s About Wills
  • Will Disputes & Inheritance Claims
  • Probate
  • Court of Protection
  • Estate Administration
  • Prices For our Wills & Probate Services
  • Power of Attorney
  • Deed of Variation Solicitors
  • What to do when a loved one dies – A legal guide
  • Trusts
  • Life Interest Trusts
  • Dependancy Claims
  • Planning For Long Term Care
  • Tax Planning
  • Suing a Dead Person’s Estate

Make A Free Enquiry

     

    What Clients Say

    "...From day one after contacting Bartletts they were professional and caring and helped me every step of the way. From helping me with benefits I did not know I was entitled to arranging medical appointments to gather evidence for my claim.

    They kept me informed and reassured every step of the way and put mind at rest as they handled all the communication with my employer and their insurance company.

    My claim was finalised and the outcome was substantial more than I expected. I can’t thank Trevor Morris and Bartletts enough for their help and would not hesitate to recommend them to anyone."

    - Mr DT February 3, 2021

    Why Choose Us
    • Settled over 12,000 accident claims.
    • Recovered over £68 million in compensation.
    • A true No Win No Fee service.

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