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How to Make a Claim on Your Parent’s Estate: A Practical Guide

By April 25, 2024 No Comments
claim on parents estate

To make a claim against your parent’s estate, here’s what you need to know:

1. Who Can Claim? Anyone can file a claim, regardless of their age. It’s common for claimants to be adults, often with children of their own.

2. Reasons to Claim: There are generally two reasons you might want to make a claim:
– You believe that your parent didn’t provide adequately for you while they were alive.
– You’re currently in need of financial help.

3. Past Cases:  There have been many similar cases in the past, but remember, it’s not enough to argue that another family member received more from the estate either while the parent was alive or in the will.

4. Legal Guidelines:  If you’re an adopted child or were born outside of marriage, you can make a claim under Section 117 of the Succession Act 1965. You need to file this claim within six months after the Grant of Administration or Probate has been issued.

5. Costs:  The court decides who pays for the legal costs of these claims. If your claim is considered valid, these costs will usually be taken out of the estate. However, if your claim doesn’t have a strong basis, you might have to pay your own legal fees and possibly some of the estate’s costs too.

6. Exceptions to Know:
– If there’s no will, you can’t use Section 117 to make a claim. The estate will be divided according to the rules in Section 67 of the Succession Act 1965.
– Children of civil partners can claim a share of the estate if there isn’t a will.
– If your parent transferred property within two years before their death and didn’t leave a will, you might be able to challenge this under the Succession Act 1965.

If you need more detailed advice or help with your specific situation, it’s a good idea to speak to a legal expert.

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