Making a Claim Against an Estate

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.

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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”).

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