The passing of a loved one can be a stressful time for the family. You may have to deal with the deceased’s belongings and property. The family member may already have left a will for their asset distribution.
In some cases, when family and relatives do not feel satisfied with the will and may detect some foul play, they can file a claim to contest the will. They have to present the right documents and proof in court to support the claim.
Whether they were financially dependent on the deceased or they were promised more than what’s reflected in the will, they have the right to file a legal claim on an estate. In this article, we’ll discuss this in detail.
What is a claim against an estate?
It is a legal written court request from the spouse/family member of the deceased. The person who wishes to get a part of the estate or monetary compensation from the deceased property files this claim against an estate in court.
Who Can Make a Claim Against an Estate in the UK?
The relationship and closeness of the claimant may dictate who can make a claim against an estate UK:
- Dependents, including a spouse, civil partner, heir, and children, under the Inheritance (Provision for Family and Dependants) Act 1975.
- Cohabitee or unmarried partner, and any other dependent.
- A former spouse or partner if they did not remarry.
- Grandchildren, great-grandchildren, brothers, sisters, and half-siblings can also file for the claim.
- Uncles and aunts and their children. The children may not be permitted to make a claim if their parents are still alive.
- Stepchildren and former stepchildren.
- If you are not a blood relative, you may apply under the Bona Vacantia division (BVD) up to 12 years from the administration date.
Common Reasons for Making a Claim
Here are the common reasons for filing a claim over a deceased family member’s estate:
- People who are reliant on the deceased for finances may do so if there is a lack of provision or the current provisions do not meet their needs.
- When the deceased promised to give an asset or money to an individual but skipped it from the will.
- Issues over the unfair distribution of the assets.
- If the family member feels the will is invalid, was not made in sound mind, or outsiders have influenced it.
Grounds to Claim Against an Estate
You may make a claim based on one of the following grounds:
Validity of the Will
Validity of the will states that the person was of sound mind and not influenced at all when making the will. If you worry about the will’s validity and execution, proceed with the claim.
Inheritance(Provision for Family and Dependants) Act 1975
The Act is to ensure the immediate family members and dependants get the right financial provision from the deceased’s estate. It includes civil partner, spouse, former spouse, children, and any person who financially relied on the deceased.
Promissory Estoppel
This comprises a legal principle that prevents a person from backing out on a promise. In such promises, there is no legal contract, but a breach of contract claim is allowed if the person believes the promise. For instance, the deceased promised a sum of money or part of property to the individual from their estate.
Proprietary Estoppel
Proprietary estoppel is related to the promises regarding land or property. The person must show that the estate holder made a promise of transferring the land/property.
Steps to Make a Legal Claim on an Estate
Follow these steps to make a legal claim on the deceased’s estate:
Determine Eligibility
Assess your eligibility to make a claim. With the legal fees and complexities involved, you may wish to make sure that you have a chance of winning after going through all the hassle.
The chances of success may depend on your relationship with the deceased. Hire a professional solicitor to discuss if the claim is worth pursuing. Lawyersorted can help you connect with the best wills and probate solicitors in the UK in your area.
Gather Necessary Documentation
Get the required documents, such as a death certificate, written promises, a copy of the will, and financial documents. Also, add filled forms such as PA1A, Inheritance Tax (IHT) form and Statement of truth.
Seek Legal Advice
Hire an experienced solicitor to guide you through all the necessary steps. They will help you with forms and documentation. Moreover, you’ll be aware of options, such as a caveat to pause the issuing of the Grant of Probate. Besides, a professional will operate in your best interests and prevent you from making legal mistakes.
File the Claim
The solicitor will file the claim on your behalf with the probate court. Hiring a professional solicitor will ensure you do not miss an important deadline for your claim and court proceedings.
Mediation and Settlement
As a part of alternate dispute resolution, you may go for mediation and settlement. This pre-action protocol handles the dispute to resolve it amicably.
The solicitor will present your Letter of Claim and documents to the other party. They have to respond within 21 days whether they accept the claim or wish to see you in court. If both parties agree to the resolution, the claim can be settled outside the court.
Court Proceedings
The court proceedings under Civil Procedure Rules will decide the success or failure of the claim. The judge will consider all the proof, financial needs, estate size and obligations.
Note that if you do not succeed and the court rules against you, you may be asked to pay both parties’ legal fees. Discuss all the potential outcomes of the case with your solicitor. This may help you be prepared for all outcomes and proceed with caution.
Necessary Documentation for a Legal Claim
For a legal claim, you’ll require documentation ranging from a death certificate to your proof of relationship. These documents are essential to support your claim and ensure victory.
Death Certificate
You’ll need to provide the death certificate to prove the deceased’s passing. Get the certificate from the General Register Office or apply for it online. Any legal matters related to the estate will be possible after the death certificate.
Copy of the Will
Obtain a copy of the will that shows the distribution of the assets, lack of provision for you or unfair distribution. This may not be the easiest to get as the executor may refuse to provide a copy. For this, consult with a professional solicitor so you can ask the executor legally.
Financial Records
Loan documents, bank statements, estate liabilities, and tax forms are essential parts of financial records. These proofs show the deceased’s financial obligations, previous transactions, and current financial status. Financial statements may also be useful in settling any debts before the estate is distributed.
Proof of Relationship
Provide the marriage certificate, birth certificate, or any other legal certificates that prove your relationship with the deceased. If you are applying under the Inheritance Act, these certificates are necessary.
Potential Outcomes of a Legal Claim
Here are the possible outcomes that may come from your legal claims:
Successful Claims
After a successful claim, the court will order the executor to provide you with the appropriate resolution. The resolution may include property inheritance, provision as per a dependent or financial compensation. You may have a choice to get a lump sum amount or periodic payments. The remedy may also include the right to live in a property owned by the deceased or a transfer of rights.
Unsuccessful Claims
In case of unsuccessful claims against an estate after probate, the court will dismiss your appeal, and you may also be ordered to pay for the legal fees and any other damages for both parties. This can be a significant blow to your finances if you’re already struggling. Since there are uncertainties related to legal battles, you must be prepared to lose the claim.
Settlements and Compromises
Out-of-court settlements imply both parties agreed on a remedy without any court proceedings. This can save time and legal fees. Moreover, no party loses when they reach a mutually agreeable remedy. The common resolutions include the transfer of property, financial compensation, and provision.
FAQs About Legal Claims on Estates
How Long Do You Have to Make a Claim?
The time limit may vary depending on the nature of the claim. You have a time of up to 6 months from the date of the grant of probate to file your claim. In other cases, such as contesting the validity of a will, there’s no strict time limit. However, filing the claim at the earliest or within a year is ideal.
What if there is no will?
The distribution of the estate will be as per the state laws and jurisdiction. You may have to contact the Probate Service Centre to know who can administer the estate. Generally, the estate might be divided among surviving relatives, including a spouse, children, or parents.
Can I challenge the will’s validity?
You may challenge a will if you have a valid reason. The reason may be the deceased person’s lack of mental capacity to create a will or external influence when creating the will. You’ll have to present supporting evidence for your probate claims against an estate.
What are the costs involved in making a claim?
The costs may vary based on a particular case. Legal fees usually comprise consultation, evidence gathering, and litigation if needed. Discuss these potential costs with your solicitor. This also increases the possibility of flexible payment and one-time payment.
Do I need a solicitor to make a claim?
It is best if you hire a solicitor to handle the complexities involved in probate law. A professional will help navigate the legal process, documentation, and court representation. Without a solicitor, you may not be able to make the correct judgment of the legal process.
How is the estate distributed if the claim is successful?
If your claim is successful, the estate may be distributed according to the terms of the court’s decision. The final verdict may involve financial provisions for you from the estate. As a result, it can alter the distribution among others while the specifics may depend on the nature of the claim.
What happens if my claim is contested?
Both parties have to attend a court hearing where they have to present their evidence and arguments. The court will decide based on the proof and documentation.
Can I claim if I was left out of the will?
If you can demonstrate your relationship and dependence on the deceased, you may claim even when left out of the will. So, you can file a claim if you have a reasonable expectation of an inheritance.
What should I do if I am the executor and facing a claim?
Seek legal advice immediately to formally respond to the claim. You have a duty to manage the estate according to the will as well as protect your interests. Hiring a solicitor will protect your legal rights and help you manage such any complex legalissues.
How can I increase my chances of a successful claim?
Before you file a claim against an estate, collect any supporting documentation or evidence. Besides, have solid reasons for your claim on which you are asking for a share of the estate.
