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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10609
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My wife has just died and has made no provision in her will

Customer Question

My wife has just died and has made no provision in her will for me.#Is it true I have some claim to her Estate which is above and beyond beneficiaries inn the will ?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Where an individual has died without making proper provision in their Will for their relatives or dependants, judges have a wide discretion to redistribute assets to produce a fair result. There is no magic formula involved although certain factors must be taken into account. I cannot predict exactly what would be awarded but your entitlement to make a claim is under the Inheritance (Provision for Family and Dependants) Act 1975.
There is only one ground for a claim under the Inheritance Act, which is that the disposition (or division) of the deceased’s estate, does not make reasonable financial provision for the applicant (you).
Where the applicant is a spouse of the deceased, ‘reasonable financial provision’ means such provision as would be reasonable in all the circumstances of the case for a husband or wife or a civil partner to receive, whether or not that provision is required for his or her maintenance. The court must consider, but is not bound to follow, the likely settlement that would have made within divorce proceedings, if the parties had divorced rather than the deceased having died. You may hear this referred to as the ‘divorce fiction’.
You would have to make such a claim within 6 months of the Executor(s) of the Will obtaining Probate, so you do need to act quickly.
I therefore suggest that you contact a local Wills Solicitor who will be able to discuss the above in detail with you and advise you o whether you have grounds to make a claim.
I hope this assists and sets out the legal position to you.
Kind Regards
Al