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).
The steps cohabiting couples should take when drawing up a will
There’s no denying the huge steps forward seen in creating equality for same-sex couples in the UK during the 21st Century, first with the Civil Partnership Act 2004 and then the Marriage (Same Sex Couples) Act 2013. However, as heterosexual couples have marriage as the only option open to them to make their relationship formal, there have been suggestions of a new inequality having now been created. A legal challenge by mixed-sex couple Rebecca Steinfield and Charles Keidan to be able to enter into a civil partnership instead of a marriage was unsuccessful earlier this year, meaning it’s unlikely the situation will change for heterosexual couples in the near future.
Wills and Planning for the Inevitable
Research just published underlines how ill-prepared most people are in terms of their end of life planning.
The Jones Family: Family Wills Bundle
Wills for everyone in the family can be expensive. Read about our exclusive Family Wills Bundle offer, easily explained by the Jones family, here!