The 1975 Act allows certain categories of claimant to make a claim for a reasonable financial provision from an estate. The following people are entitled to make a claim under the UK Act:
- A spouse or civil partner of the deceased;
- A divorced spouse or a separated civil partner of the deceased, provided that they have not re-married or entered into a new civil partnership;
- A person who lived with the deceased for a minimum of two years prior to their death;
- A child of the deceased (including children over the age of 18);
- Anyone who was treated as their child by the deceased person, including adopted children, fostered children, step children and so on;
- Anyone being maintained by the deceased person prior to their death
Our Dispute Resolution team have extensive experience in both pursuing and defending 1975 Act claims and regularly act for both Claimants, beneficiaries and Executors in the High Court. We will aim to identify your goals and the most effective ways of achieving your aims at the outset of your case. We will try to resolve your case without the need for court proceedings wherever possible and we are skilled in all forms of Alternative Dispute Resolution (including mediation).