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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Dear Ash, I would like to file a claim under the Inheritance

Resolved Question:

Dear Ash, I would like to file a claim under the Inheritance (Provision for Family and Dependants) Act 1975 and I have some questions.
Submitted: 8 months ago.
Category: Law
Expert:  Clare replied 8 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What would you like to know?

Customer: replied 8 months ago.
Hi Clare, thanks for responding. A family member has been completely cut out from her father's will. I do not need any advice on the case, just the procedure. The family member would like to file a claim under the 1975 Act as a litigant in person:1) What form do I have to fill in?
2) What information do I need to include on the claim form?
3) Is there any specific Pre Action Protocol for inheritance claims? I have communicated with the executors over the last 6 weeks and they do not feel there is a legitimate claim. Is it OK to now proceed to file a claim in court?Thanks Clare
Customer: replied 8 months ago.
The family member would like to file a claim on the basis that her father failed to make any reasonable provision for her.
Expert:  Clare replied 8 months ago.

Has Probate been obtained?

Customer: replied 8 months ago.
probate has been obtained.
Expert:  Clare replied 8 months ago.

On overview of the process is described here

http://www.sheddenfamilylaw.co.uk/inheritance-act-fact-sheet.php

and here

http://www.tenoldsquare.com/Managing%20Probate%20Claims.pdf

The form you need is here

http://wbus.westlaw.co.uk/forms/pdf/cpf00151.pdf

This should set out the case and the claim in full - and you will also need to file a Witness Statement at the same time

I hope that this is of assistance - please ask if you need further details

Customer: replied 8 months ago.
Hi Clare,Can you please explain the difference between what needs to go into the "details of claim" part and the witness statement.Details of claim - Do I put in a figure along with the basis of the claim?
Witness statement - Do I put in what has led to the individual being cut out of the will, history of relationship etc?
Expert:  Clare replied 8 months ago.

To be honest these are complex documents which will form the basis of what is a complex claim.

It woudl be better to use a Direct access Barrister to settle them.

However if you are not intending to do so then the particulars of claim must include

Brief details of the property comprised in the estate, with an approximate estimate of its capital value and any income that is received from it; • Brief details of the liabilities of the estate; • The names and addresses of the persons who are in possession of the documents relating to the estate; • The names of the beneficiaries and their respective interests in the estate; and details of the disposition of the Estate under the Will plus an indication of the percentage that the applicant beleives they are entitled to.

The Witness statement should set out all the evidence the applicant will rely on - including that relating to needs

Customer: replied 8 months ago.
Hi Clare, would you be able to guide me if we had a live telephone call?
Expert:  Clare replied 8 months ago.

I am sorry but no one should do that - they can only help if they have all the facts and relevant paperwork in front of them

Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 8 months ago.
Thanks Clare

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