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Claims under The Inheritance (Provision for Family and Dependants) Act 1975

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A person with a close connection to someone who has died and who expected to benefit in the Will but (for whatever reason) has not been included within it may still under certain circumstances be entitled to make a claim against the deceased’s estate. The same principle applies if there was no Will and under an Intestacy a person who reasonably expected to benefit under it was excluded from doing so. At Grant Saw you can be assured that your case will be handled with sensitivity. We are experienced in handling disputes that arise in these circumstances. Michael Clary (Partner in the firm’s litigation department) is a member of the Association of Contentious Trust and Probate Specialists (ACTAPS).

Why would someone need this service?

Following a death, disputes can unfortunately arise as a result of the terms of a Will (or intestacy where there is no Will). This can lead to a situation where certain individuals do not receive a benefit in circumstances when they would ordinarily have expected to have been left some entitlement.

We act on behalf of persons who wish to make a claim against the deceased’s estate in order to claim an entitlement. We are also frequently instructed to act on behalf of the deceased’s estate in defending such claims.

There are other circumstances in which you may dispute a will. See here for more information.

How does the process work?

There are only certain specific categories of individuals who are entitled to make a claim. Such categories include the following persons:-

  • Husband, wife or civil partner, co-habitees.
  • Former husband, wife or civil partner of the deceased if they have not re-married.
  • A child of the family, including adopted children and step-children.
  • A person who was supported financially by the deceased immediately prior to their death.

On receipt of instructions, we will consider the strengths and merits of the claim and discuss with you the likelihood of success in either pursuing a claim or defending it. Prior to issuing court proceedings the parties involved in the dispute are encouraged to consider the possibility of settlement.

If it is not possible to reach an amicable agreement then court proceedings may need to be issued.

How long does it take?

There are strict time limits within which a claim must be issued at court. A claim must be issued within 6 months of a Grant of Probate being obtained. If the claim is not issued within this time period, then a claim is prevented from being proceeded with under normal circumstances.

If the parties concerned in the dispute are agreeable to entering into negotiations to try and settle the claim without the need for issuing court proceedings, then it is possible that a negotiated settlement can be obtained within a matter of weeks.

If however court proceedings are issued, a normal time frame for the matter to reach trial would be within a period of between 12 months to 18 months. It is however usually the case that most claims do settle prior to trial with settlement terms being agreed between the parties.

Is it expensive?

When you first consult with us, we will provide you with an estimate of the potential costs. Under certain circumstances, we may be able to offer a Conditional Fee Agreement, otherwise known as a “no win, no fee” arrangement.

What should people consider before calling?

At the time of your calling it would be helpful if you had to hand a copy of the Will. Also it will assist if you were able to provide an approximation of the value of the deceased’s estate.

To make a free enquiry, please call now on 020 8858 6971 to arrange a mutually convenient time for a telephone discussion or email us today. 

Meet the Claims under The Inheritance (Provision for Family and Dependants) Act 1975 team
Ray Crudgington
Managing Partner
greenwich
02083054224
ray.crudgington@grantsaw.co.uk
Maria Lati
Partner
Head of Residential Property
blackheath
02083054229
maria.lati@grantsaw.co.uk
Mike Clary
Partner
Head of Family
greenwich
02083054237
mike.clary@grantsaw.co.uk
Kalpa Prajapati
Partner
Head of Private Client
blackheath
02083053536
kalpa.prajapati@grantsaw.co.uk
Mario Savvides
Partner
Head of Commercial Property
greenwich
02083053531
mario.savvides@grantsaw.co.uk
Sarah-Kate Jackson
Partner
Head of Litigation
greenwich
02083054236
sarah-kate.jackson@grantsaw.co.uk
Adina-Leigh Collins
Litigation
Solicitor
greenwich
02083053556
adina-leigh.collins@grantsaw.co.uk
Aimal Gram
Commercial Property
Solicitor
greenwich
02083053524
aimal.gram@grantsaw.co.uk
Aisha Mohammed
Residential Property
Solicitor
greenwich
02083054228
aisha.mohammed@grantsaw.co.uk
Aishat Balogun
Aishat Balogun
Family
Solicitor
greenwich
02083054214
aishat.balogun@grantsaw.co.uk
An Le Tran
Commercial Property
Professional Support Solicitor
greenwich
02083054226
anle.tran@grantsaw.co.uk
Angus Young
Litigation
Solicitor
greenwich
02083054225
angus.young@grantsaw.co.uk
Atifha Aftab
Atifha Aftab
Family
Solicitor
greenwich
02083054238
atifha.aftab@grantsaw.co.uk
Bimal Kotecha
Litigation
Solicitor
greenwich
02083053523
bimal.kotecha@grantsaw.co.uk
Charlotte Mandy
Charlotte Warren
Private Client
Solicitor
blackheath
02083054231
charlotte.warren@grantsaw.co.uk
Claire Mac Mahon
Litigation
Solicitor
greenwich
02083053537
claire.macmahon@grantsaw.co.uk
Deborah Taite
Residential Property
Solicitor
blackheath
02083053542
deborah.taite@grantsaw.co.uk
Emily Pearce
Residential Property
Solicitor
greenwich
02083053526
emily.pearce@grantsaw.co.uk
Georgia Beales
Litigation
Paralegal
greenwich
02083054206
georgia.beales@grantsaw.co.uk
James McKimm
James McKimm
Corporate and Commercial
Solicitor
greenwich
02083054217
james.mckimm@grantsaw.co.uk
Jeremy Brooks
Jeremy Brooks
Private Client
Solicitor
blackheath
02083053534
jeremy.brooks@grantsaw.co.uk
Joanna Godden
Notary Public
Notary
greenwich
02083083535
joanna.godden@grantsaw.co.uk
Kim Whitaker
Kim Whitaker
Corporate and Commercial
Head of Corporate and Commercial
greenwich
02083053539
kim.whitaker@grantsaw.co.uk
Laura Danquah
Compliance Manager
greenwich
02083054222
laura.danquah@grantsaw.co.uk
Lauren Smith
Employment and Family
Paralegal
greenwich
02083053543
lauren.smith@grantsaw.co.uk
Mandeep Clair
Family
Solicitor
greenwich
02083054235
mandeep.clair@grantsaw.co.uk
Michael Pope
Employment
Consultant Solicitor
greenwich
02083053540
michael.pope@grantsaw.co.uk
Michelle Pinnington
Michelle Pinnington
Residential Property
Solicitor
greenwich
02083054216
michelle.pinnington@grantsaw.co.uk
Noella Gooden
Employment
Solicitor (Australian qualified)
greenwich
02083053543
noella.gooden@grantsaw.co.uk
Raj Waghela
Raj Waghela
Residential Property
Solicitor
greenwich
02083053529
raj.waghela@grantsaw.co.uk
Randeep Thethy
Randeep Thethy
Residential Property
Solicitor
greenwich
02083054209
randeep.thethy@grantsaw.co.uk
Ruggero Pesciatini
Ruggero Pesciatini
Corporate and Commercial
Paralegal
greenwich
02083054220
ruggero.pesciatini@grantsaw.co.uk
Sarah Conner
Sarah Conner
Private Client
Solicitor
blackheath
02083054234
sarah.conner@grantsaw.co.uk
Simran Lalli
Simran Lalli
Employment
Solicitor
greenwich
02083054208
simran.lalli@grantsaw.co.uk
Susan Collins
Commercial Property
Solicitor
greenwich
02083054200
susan.collins@grantsaw.co.uk
Tatiana Zenina
Tatiana Zenina
Private Client
Solicitor
blackheath
02083054239
tatiana.zenina@grantsaw.co.uk
Trisha Djemal
Trisha Djemal
Residential Property
Consultant Solicitor
blackheath
02083053546
trisha.djemal@grantsaw.co.uk
Tyrone Grant
Residential Property
Head of Leasehold Enfranchisement
blackheath
02083053522
tyrone.grant@grantsaw.co.uk
Denise
Accounts Staff
greenwich
02088586971
enquiries@grantsaw.co.uk
Jayne Lye
Support Staff
Office Manager
greenwich
02083054204
jayne.lye@grantsaw.co.uk
Jamie
Support Staff
Head of IT
greenwich
02088586971
enquiries@grantsaw.co.uk
Kasia
Accounts Staff
greenwich
02088586971
enquiries@grantsaw.co.uk
Michael Tobin
Michael Tobin
Support Staff
Marketing and Business Development Manager
greenwich
02083053550
michael.tobin@grantsaw.co.uk
Sue Holness
Support Staff
Customer Services
greenwich
02083054221
sue.holness@grantsaw.co.uk