INHERITANCE PROVISION AND CLAIMS

The court has power to order financial provision from a deceased’s estate.

Certain categories of persons maybe entitled to claim if no provision is made for them e.g.

• a dependant former spouse
• a co habitee
• a child of the deceased

The claim will be for reasonable financial provision.

The court has to take into account certain factors such as:-

• the financial resources and financial needs, which the applicant has or is likely to have in the foreseeable future.

This is an area of law with recent authorities such as Garland v Morris and a degree of complexity.

With a good practical knowledge, we can advise and assist in negotiations or litigation to resolve issues in this area of law.