It is not uncommon for someone to be disappointed with the provision or lack of provision they are to receive from an Estate. Where you are in this position legal advice is often sought regarding whether you have a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”).
Finding a Will can be problematic
Under the 1975 Act it is open to individuals to seek provision or greater provision if they are an eligible claimant and are in financial need. It can obviously be difficult for you to consider whether you are in financial need if you are not aware of whether the deceased made a Will let alone know whether provision has been made for you or not.
There is no central registry where all Wills must be registered in England and Wales so finding a copy of a person’s last Will can sometimes be problematic.
You can wait to see if the last Will is admitted to the Probate Registry but sometimes executors are not quick to apply for probate. We can guide you through the steps to be taken in order to obtain a copy of the Will (if there is one) and can also give you advice regarding all the searches you can undertake to determine how it is intended the Estate should be administered.
Whether to pursue a claim or not?
Once we have ascertained how it is intended the Estate will be distributed we will obviously know whether you are a beneficiary. If not, or you are to receive less than you expected, we can advise you whether to pursue a claim against the estate including a claim under the 1975 Act for reasonable financial provision.
We would, however, strongly suggest that all clients consult a solicitor for specialist inheritance advice at the earliest opportunity following their loved one’s death. There are very short time limits to pursue certain claims (such as 6 months from the date of the Grant for 1975 Act claims) so if you don’t obtain a copy of the Grant and Will early enough you may run out of time to prepare and pursue your claim before that deadline.
Your next steps
It is therefore important that you seek specialist inheritance advice early on so that we can guide you through the often difficult (and emotionally draining) process of pursuing a claim with the benefit of our many years of experience and expertise across our specialist team.
If you are therefore unsure whether to search for a Will online or enter a Standing Search / Caveat and are concerned you might have a claim against a loved one’s estate then we would encourage you to call us so that we can discuss how we can help you.