A Grant of Probate is a grant obtained from the Probate Registry, providing the executors with legal authority to administer the deceased’s estate in accordance with their will or intestacy.  

The Inheritance (Provision for Family and Dependants) Act 1975 provides a right to any individual treated as a ‘child of the family’ to bring a claim under the deceased’s estate.

Whether you are married or in a cohabiting relationship, the family home is generally the most important family asset. In either situation, if you jointly own a property, there are steps your spouse or partner can take to force the sale of your home and the Court has the ultimate power to force the sale of the property.

When a loved one dies, it will be distressing to learn that their Will did not sufficiently provide for you. This may be because of the size of the estate, the gift, or whether or not the person died without a Will.  There are often complicated circumstances.

It is always best to ensure you have a carefully drafted, and updated Will setting out what you would like to happen to your property and effects when you die. The law protects your decisions in most cases but this can provide some inflexibility in the way your estate is handled. Equally, if there is no Will, the intestacy rules can result in undesirable consequences.

Following our recent insight on the Inheritance Act and Minor Children, this insight moves onto another category of claimant under the Inheritance (Provision for Family and Dependants) Act 1975 (“Inheritance Act”) - adult children.

There are many different types of claimants under the Inheritance (Provision for Family and Dependants) Act 1975 (IPFADA).

Separation is never easy, but if you and your former partner own property together, the situation can be even more complicated.

We see many situations where the family home is owned by only one individual in a relationship. Whilst not anticipated, separation causes significant problems for the individual who has lived in the family home but has no formal legal ownership of it.

In most cases, a Grant of Probate is required for the estate to be dealt with and administered. Without the Grant of Probate, an executor will not be able to sell any property which belongs to the deceased, nor will they have the authority to deal with the estate’s assets.

The intestacy rules will take effect where an individual dies without a valid Will in place.

Can a family member who was being paid to care for a family member make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they are left out of a will?