Inheritance act claim

[Deliktas]

Could I be advised if in an inheritance act claim, should the claimants financial disclosure of bank accounts etc, be enclosed with this claim form? Would the beneficiaries not need this at outset to make a decision on whether the case is justified or not?
Under persons “conduct”regarding a claim, when is the time to add information that might be important to the case. What if the solicitor involved is related to a third party, who had involvement with the claimant with the potential to gather evidence, which involved a vulnerable adult? I hope someone can give some advice or direction.

[atticus]

What is the context of this question and why are you asking?

I ask as your previous post suggests that you are not the claimant, but that you are responding to the claim.

[Deliktas]

Hi, I am a beneficiary. This feels complex to explain. A claim has been made against late parent. As the claim is based on financial need then surely the beneficiaries should have access to the claimants full financial details alongside a financial narrative, at the very beginning.

With regard to the conduct question, I believe this is based upon words that may have been spoken. In relation to the financial narrative, words were spoken that could challenge the narrative of financial need. I realise it is one thing saying it and another proving it.

I was in a in a very unpleasant situation. The VA had lost mental capacity. The claimant came back into their life via my invite, which was mainly to ride the tide of indirect abuse levelled at myself by other family members. I was told to refer to this friend for support. I did this. I was advised on a few occasions to follow a specific task and take a video. For example, the friend would send a card and I was told to record the opening of it. I was tasked with adding a photo of the claimant. In is only in hindsight after reading about claiming evidence, eg cards that I realise that I was not taking these videos to support my interactions but to support the interactions of the claimant as evidence. I never knew a will could be contested, under an inheritance act.

I had a sixth sense when I saw the first name of the solicitor. The friend has a relation with that name. On some known facts relating to claimant, I have 99% made a link between the solicitor and the friend.

I hope this helps to answer the question. I tried to find my first post but had bit of difficulty.

[atticus]

What is a VA?

[atticus]

As you will know, if the claim is made by someone other than a child or spouse/civil partner of the deceased, to bring a claim the claimant needs to have been wholly or partly maintained by the deceased immediately before his death. In such a case the Court can make reasonable financial provision for the claimant out of the estate.

So - the claimant has to prove (a) that he/she was wholly or partly maintained by the deceased, and (b) what his/her needs are. This is usually done in the supporting material filed on commencing the claim.

[Deliktas]

Thank you. The claimant is estranged adult child of deceased.

[atticus]

Estranged from does not usually mean maintained by. You might consider focusing on that.

[Deliktas]

Thank you again for your input.