Reasonable Financial Provision
When a person dies it is not uncommon for a loved one to be disappointed by the sums they receive from the estate. If a person believes that the amount left to them does not provide them with reasonable financial provision, they may be able to make a claim for an award from the estate.
Who Can Claim Reasonable Financial Provision?
Whether a person has a valid claim for reasonable financial provision depends upon their relationship with the deceased. If you are one of the following then you may have the right to claim:
- Spouse or partner;
- Former spouse/civil partner of the deceased (who has not remarried);
- Cohabitee of the deceased;
- Child of the deceased;
- Individual who is dependent upon the deceased or treated as a child by the deceased.
The court will consider various factors when deciding on reasonable provision. At Berwins Solicitors, it is our role to identify and demonstrate whether reasonable financial provisions have not been made for you in the Will of another. We will gather all of the evidence and information needed to present to the Courts.
In making a claim for reasonable financial provision then you would need to prove that the sum you would receive from the estate is not enough to meet your financial needs. Your relationship to the deceased and your own financial circumstances are just some of the factors taken into account when a claim for reasonable financial provision is made.
There are very strict time limits in bringing a claim for reasonable financial provision and therefore it is important that you seek clear legal advice as soon as possible.
Berwins have a dedicated team of specialist lawyers who can provide you with clear advice from the outset and assist and guide you through what can be a difficult legal process.
Our Life Team is is highly experienced in this area and will happily guide you through this process. Please give her a call on 01423 543102 to discuss your family’s needs.