Dependency Claims
Claim what is rightfully yours.
Intestacy law can cause all sorts of problems when a deceased person has not made a will, or their will has not been updated to reflect changes in their circumstances. Because there is no will or the will is incomplete, intestacy law states that the spouse and closest relatives automatically inherit the estate, meaning dependants can be left out, or not receive everything the deceased intended them to inherit.
Fortunately, there is a legal avenue to pursue in the form of a dependency claim. If you believe that you were entitled to a greater share of an inheritance, or you were not provided for when obligations were due or you wish to challenge the make up of a will, you can make a claim under dependency legislation. Generally, these rules apply to:
- A former spouse or civil partner of the deceased who has not entered into a new marriage or civil partnership.
- A spouse or civil partner who lived with the deceased for two years immediately prior to their death.
- A child of the deceased.
- Any person treated as a child or dependant within the marriage or civil partnership of the deceased.
- Any person who received regular maintenance by the deceased.
If you want to make a dependency claim, it is wise to get legal advice as soon as possible, as claims must be made within six months from the date of grant of probate. (The date when the executors of the estate are given authorisation to administer the estate by the probate office).
Contact our dependency claim teams at our London office to discover if you have a case.
