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​Is ​it possible to make a claim against an estate, whether there is a will or not?

The concept of freedom of disposition under English and Welsh law recognises that in broad terms, a person is free, on their death, to leave their assets to whomever they choose. This contrasts with many other jurisdictions where people are required by law to leave a minimum proportion of their estate to their next-of-kin.

If a family member dies and either as a result of the deceased’s Will or the intestacy rules (which govern who gets what when a person dies without leaving a valid Will) you do not get an inheritance or an inheritance that you consider to be insufficient, you might still be able to make a claim/further claim against the estate of that deceased person under the Inheritance (Provision for Family and Dependents) Act 1975 (“the 1975 Act”).

Want to know more, contact Martyn Trenerry or read below.

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