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Hayes Solicitors Limited > Dependancy Claims

Dependancy Claims

Claims may be made upon a dead person’s estate if the deceased failed to make reasonable financial provision in their Will or under the rules of intestacy for a number of possible claimants. Claims may be made by various applicants pursuant to the Inheritance (Provision for Family Dependants) Act 1975. 

The possible claimants include:-

  • A surviving spouse or civil partner.
  • A former spouse or civil partner who has not re-married.
  • A child of the deceased.
  • A person treated as a child of the family in relation to a marriage or civil partnership to which the deceased was a party (i.e. stepchildren).
  • Any person who was being maintained either wholly or partially by the deceased immediately before the death of the deceased (and who was not a child or stepchild of the deceased).
  • (after 1/1/1996) any person who was for a period of two years living with the deceased in the same household and as the spouse or civil partner of the deceased. (i.e. living together as co-habitant).

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