Making a claim when a Will or estate does not meet your needs
If you have been left without adequate financial provision following the death of a loved one, the situation can feel overwhelming. Alongside grief, there may be immediate concerns about housing, income, or day-to-day security. Claims for reasonable financial provision exist to ensure that certain individuals are not left without support, even where a Will or the intestacy rules say otherwise.
You relied on the deceased for maintenance, accommodation or other financial support, but the Will or estate does not make reasonable provision for your ongoing needs.
Even where a spouse or civil partner is included in a Will, the law may still require provision that properly reflects their circumstances, standard of living, and future needs.
Children, including adult children in certain circumstances, may be entitled to make a claim where the Will fails to provide reasonable financial support, particularly where dependency or vulnerability exists.
If you were cohabiting with the deceased for at least two years before their death, but were not married or named in the Will, you may still be entitled to bring a claim for reasonable provision.
Where the overall distribution of the estate does not meet the legal test of reasonable financial provision, it may be possible to challenge the position, even if the Will is otherwise valid.
Reasonable Financial Provision Services
Claims for reasonable financial provision can take different forms depending on your relationship with the deceased and your financial circumstances. We tailor our advice to your situation, ensuring the right strategy from the outset.
We review your relationship with the deceased, your financial position, and the terms of the Will or intestacy to assess whether you are eligible to bring a claim and the strength of your position.
Our team helps you prepare the financial and personal evidence required to support your claim, including needs assessments, dependency history, and estate valuation issues.
Many claims can be resolved without court proceedings. We engage constructively with executors and beneficiaries to seek a fair outcome wherever possible.
Where settlement cannot be reached, we provide robust representation through the court process, guiding you clearly through each stage.
Why choose Mullis & Peake
Claims of this nature are rarely straightforward. They sit at the intersection of legal entitlement, personal relationships, and financial need. Our role is to guide you through the process with sensitivity, realism, and clear advice at every stage.
Our solicitors regularly advise on Inheritance Act claims and disputes involving reasonable financial provision, with a detailed understanding of how the courts approach these cases.
We explain your position in plain English, setting out whether a claim is viable, what evidence may be required, and the likely range of outcomes.
We focus on resolving matters efficiently, exploring negotiation and settlement where appropriate, while remaining prepared to litigate if necessary.
We act for families and individuals across Essex, offering a steady, supportive approach during what is often a very difficult time.
Frequently asked questions
Certain categories of people are entitled to claim under the Inheritance (Provision for Family and Dependants) Act 1975. These include spouses, civil partners, former spouses in some cases, children, cohabitants, and individuals financially maintained by the deceased. Whether a claim is appropriate depends on your circumstances and the estate involved.
Yes. In most cases, a claim must be issued within six months of the grant of probate. Missing this deadline can make a claim significantly more difficult, so early advice is important.
Not necessarily. Many claims are resolved through negotiation or mediation. Court proceedings are a last resort, but we prepare every case carefully so you are protected if litigation becomes necessary.
The definition depends on your relationship with the deceased. For spouses and civil partners, it can be broader and closer to a fair sharing approach. For others, it is usually limited to what is reasonably required for maintenance.
These disputes can be sensitive. We take a measured approach and explore resolution options that aim to reduce conflict where possible, while still protecting your position.
We are transparent about costs from the outset and discuss funding options early. Our aim is to ensure the process remains proportionate to the value and complexity of the claim.
Get in touch with our Reasonable Financial Provision team
If you are worried about your financial position following a death, early advice can make a significant difference. We offer confidential, no-obligation discussions to help you understand whether a claim may be appropriate and what steps to take next.
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