This act makes provisions for those who are connected to the deceased but did not receive "reasonable financial provision" from the estate of the deceased via a will or intestacy.

You may be entitled to seek financial provision from the deceased's estate if you are:

1. A spouse or civil partner
   
2. A former spouse / civil partner provided you have not remarried or entered into a new civil partnership
   
3. A child of the deceased
   
4. Any person (not being a child of the deceased) who was treated as a 'child of the family' of the deceased
   
5. Any person being partly or wholly maintained by the deceased

Claims must be made within 6 months of the date of the grant of representation. The court has jurisdiction to allow claims out of time. A claim can only be made if the deceased died domiciled in England and Wales.

Wills can be challenged for a variety of reasons, such as that the writer was not of ‘sound mind’ or that there was ‘undue influence’ at the time of attestation or that some fraud or forgery has taken place, although the latter is fairly unusual and is difficult to prove. A will can also be challenged on the basis that the deceased lacked ‘testamentary capacity’ or that the writer did not fully understand its implications (a challenge on the ground of ‘knowledge and approval’. A will can also be challenged on the basis that it was not properly signed and witnessed.

If you consider that you have not been adequately provided for by the estate of a deceased person please contact Michelle Uppal 020 7426 0400.

Or email Michelle at mu@milesandpartners.com

Due to the statutory deadlines it is important that you do not delay in seeking specialist legal advice.