The Legal Background to Inheritance Claims
As with numerous different areas of the law, when it comes to making an inheritance claim or contesting the validity of a will you will find that there are several rules and regulations you must know about.
If you decide to bring a challenge against the will of a testator then you need to become aware of these in order to win your case. This article discusses the more prominent features of contesting a will and making a claim for inheritance.
The Inheritance (Provision for Family and Dependants) Act 1975
This is the Act of Parliament on which most inheritance laws come from. If you bring a claim of no validity against a will then it is probable that your inheritance claim will come under this Act. If a person has died without making provision for one of their dependents in their will, then the resulting claim will more than likely be made possible through this. Those whom are usually able to bring a claim are:
The surviving spouse
A cohabite who lived with the deceased as if married for at least 2 years
Children of the deceased
Anyone else who was financially dependent on the deceased
A former spouse who has since remained unmarried
Intestacy
This is where a person dies without leaving a will. Frequently in this situation, the estate is divided amongst the spouse and any children. In more complicated situations, or in cases where the deceased was unmarried with no children, the estate might also be left to:
Their parents
Brothers and sisters (and their children)
Half brothers and sisters
Other family such as aunts, uncles, cousins, and grandparents
If someone makes a claim on the estate of the deceased under intestacy laws, it is most likely to also fall under the 1975 Act. Unmarried partners are not recognised under intestacy rules, though, which is why it is so important that people make a will whenever possible as it massively reduces the potential for conflict or problems later on if one spouse dies, leaving the other behind.
The Mental Health Act 2005
This Act doesn't affect many inheritance claims, but it can sometimes be used in the event of a person making a will when they were of unsound mind. It can also be used if you suspect someone might be thinking of making a will when they are of unsound mind in order to get a protection order to protect their interests.
About the Author
Considering contesting a will? [http://contestingawilluk.co.uk ] Then it's essential that you choose Solicitors with real expertise in this complex area of law - contact Bonallack and Bishop, inheritance claims specialists [http://contestingawilluk.co.uk/inheritance_claim.aspx ], for expert legal advice you can rely on.
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