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Buachaill, Barrister
Category: Law
Satisfied Customers: 10974
Experience:  Barrister 17 years experience
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A lady aged about 60 has last two years been acting

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A lady aged about 60 has for the last two years been acting as career (Non residential and unpaid) to a disabled man aged 71 who has recently died intestate. The estate valued at about £1,000,000 is expected to pass to his half sister.
Would the carer have any grounds for a claim upon the estate?
The man acknowledged that without her care he would have gone into a care home, with all the expenses that would have involved
1. Dear *****, the lady carer, would have a claim for monies in respect of providing the care, for which she was not paid. She would be entitled to a quantum meruit or fair amount for having looked after him whilst he needed care. However, in order for the lady carer to have an actual claim to a share in the will, she would have to show she was a "dependent".
2. This need to show she was a "dependent" arises because under the relevant legislation, the Inheritance (Provision for Dependents) Act, 1975, only dependents upon the deceased and relatives can make a claim for a discretionary amount from an estate, if they have not been provided for.
3. However, apart from under this 1975 Act, which allows for an application to be made to court for a discretionary share, there is no other means by which a non relative can make a claim to a share in an intestate estate. The law does not aid gratuitous Samaritans who help out people close to death.
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