Claiming reasonable financial provision
Unfortunately, it sometimes happens that children and individuals are left out of a Will, despite normally being considered as principal beneficiaries.
With a dramatic increase in the number of people looking to fund their retirement and family life on the basis of an expected inheritance, feelings then can run high if they subsequently discover they have been left nothing.
The Provision for Family and Dependents Act 1975 states that anyone in this position (particularly children of deceased parents) who are left with nothing, can make a claim against the deceased’s Estate if they are left financially destitute.
If the deceased is judged to have not left reasonable financial provision for their children; or perhaps a vulnerable partner or sibling, then there may be a basis for that individual to make a claim.
This does not mean that if the individual is fit to work, they are still automatically entitled to make a claim.
Reasonable financial provision in probate is still a relatively grey area and is judged very much on a case by case basis. Originally designed to sustain a child, you will be expected to demonstrate if you are an adult, that you are unable to obtain additional revenue from another source.