Summary
In England, dependants for a will can include spouses, children, and those financially supported by the deceased. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain dependants to claim if a will does not provide reasonable financial provision. Financial dependence means the deceased provided regular, significant support, such as paying rent or covering medical expenses. To contest a will, grounds like lack of testamentary capacity or undue influence must be considered. Claims under the Inheritance Act must be filed within six months of probate, demonstrating financial dependence and insufficient provision. Legal advice is recommended for contested wills or claims.Full Conversation
more details for financially dependant
To further identify a financially dependent person for a will in England, consider the following criteria:
- The person relied on the deceased for financial support.
- The support was regular and substantial.
- It could include family members, friends, or anyone the deceased had a duty to support.
Are you looking to include or contest a financial dependant in a will?
whats the legislation for this?
In England, the relevant legislation for dependants in a will is the Inheritance (Provision for Family and Dependants) Act *. This Act allows certain dependants to make a claim if they believe the will does not make reasonable financial provision for them.
Do you have a specific situation or person in mind that you are concerned about?
what does 'person maintained by the deceased wholly or in part' mean
It means that the deceased provided regular and significant financial support to the person, either completely or partially. This support could include living expenses, education, or any other financial assistance essential for their well-being.
Do you need more information on how this applies to your situation?
more examples of support
To identify dependants supported by the deceased, consider these additional examples:
- Paying a family member's rent or mortgage
- Funding someone's education
- Covering medical expenses
- Providing regular allowances or gifts
Do you have a specific type of support you are curious about or need more details on?
more examples
Here are more examples:
Question: I am FreeLawChat and I provide legal assistance to help you with your legal issue. May I have your name please?
Answer: How do I contest a will in England?
Question: To contest a will in England, you need to consider the following grounds:
- Lack of testamentary capacity
- Undue influence
- Fraud or forgery
- Insufficient witnesses
- Lack of knowledge and approval
Have you experienced any of these issues with the will you want to contest?
Answer: Lack of testamentary capacity
Question: For a lack of testamentary capacity claim in England, you need to prove:
- The deceased did not understand the nature of making a will.
- They did not know the extent of their estate.
- They were not aware of the claims to which they should give effect.
Do you have evidence or witnesses to support this claim?
Answer: Yes, I have medical records.
Question: Medical records can be crucial evidence. It's advisable to consult a solicitor who specializes in contested wills to review these records and advise you on the next steps.
Would you like contact information for solicitors who can assist?
AnswerHere are more examples:
Question: I am FreeLawChat and I provide legal assistance to help you with your legal issue. May I have your name please?
Answer: How do I make a claim under the Inheritance Act * in England?
Question: To make a claim under the Inheritance (Provision for Family and Dependants) Act * in England, you need to:
- File the claim within 6 months of the grant of probate.
- Show that you were financially dependent on the deceased.
- Prove that the will does not make reasonable financial provision for you.
Are you within the 6 months period?
Answer: Yes, I am within the 6 months period.
Question: Great. You will need to demonstrate your financial dependence and how the will does not provide reasonably for you. It is crucial to gather evidence such as financial records, correspondence, and witness statements.
Would you like contact information for legal support?
Answer**
i never asked for this but okay
Got it! If you need help with contesting a will or making a claim under the Inheritance Act * in England, feel free to ask any specific questions. Your situation might require detailed legal advice, so having your documents and evidence ready is a good step. Need more details or assistance on a particular aspect?
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