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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
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Experience:  Over twenty-five years experience
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Does a child have any claim to part of the equity of a deceased

Resolved Question:

Does a child have any claim to part of the equity of a deceased parent's house when that child has always lived with the parent at the house and has paid an equal share towards the upkeep and maintenance of the property over many years?
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas Judge replied 2 years ago.
Potentially - the key is whether there was an intention for the child to have an interest in the property. If they did then they can claim an equitable interest in the property. The said child may also have an interest in the estate under the 1975 Act. The aim of the Inheritance (Provision for Family and Dependants) Act 1975 is to make further financial provision for those who:have not inherited as a result of intestacy (where there is no will);have been left out of a will entirely; or,have not been left as much as they need.In a case where reasonable financial provision has not been made, the Inheritance Act enables the court to vary the distribution of the deceased’s estate for certain family members and dependants.With the exception of a surviving spouse or civil partner (who is entitled to more), anyone else claiming under the Inheritance Act 1975 is entitled to such reasonable financial provision as is necessary for their maintenance, insofar as the estate can provide it. Happy to discuss. Please rate positive
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