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Making a claim against rules of intestacy

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  • Making a claim against rules of intestacy

    My mother and father have both passed away recently, they raised me as their own child throughout my whole life although I wasn't adopted. So, biologically I am a grandchild but was raised as a child which I didn't find out until I was in my late teens and they continued to be my parents.

    Neither of my parents left a will therefore the estate will be split between the 3 biological children and I won't be taken into consideration. I am wondering if I will be able to make a claim against the rules of intestacy? I have a lot of evidence and proof that they raised me as their own child.

    The reason I am having to consider making a claim is because my brother isn't willing to split the estate quarterly, but my other 2 siblings are.

    please can somebody give me some advice on this!!

    Thank you in advance..
    Tags: None

  • #2
    Hi and welcome

    Sorry to hear of your recent losses.

    As you are a grandchild, presumably one of the three to inherit under the intestacy rules is your parent

    Basically if intestacy fails to make 'reasonable financial provision' for a surviving dependant to cope they might be able to make a claim under the Inheritance Act
    However, you, as the applicant, must have been dependent, either wholly or partly immediately before their death, on the deceased.
    Application must be made within six months of the grant of letters of administration

    tagging Peridot


    • #3
      I believe there is no challenge to intestacy like you would a will. However if you feel you would have been left something had they made a will you may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975.

      You may be able to claim because you were treated like a child to/by them or, if you were partly or wholly dependant on the deceased immediately before the death, you may bring a claim for financial provision if you can prove you were.

      You need to bring a claim within 6 months.

      I'll tag Peridot to give you some more guidance.
      The information I supply is provided for informational purposes only and, should not be construed as legal advice.


      • #4
        Thank you for your advice.

        I feel like I should be entitled to a quater as I was raised as her child, I have teachers from my primary school who didn't know any different until of recent. Even on my Dads obituary when he died, it stated he had 4 children. How would I go about claiming, what are the processes, what evidence would I provide and would this cost me the earth to claim? And would it be worth going ahead with it?

        Thank you again.


        • #5
          Claims under the Inheritance Act are governed by the Civil procedure Rules part 57 https://www.justice.gov.uk/courts/pr...l/rules/part57

          You need to show that you had a reasonable expectation of having your living costs met by the deceased. If you were financially independent of the deceased before the date of death, it may be very difficult to show such an expectation.

          It is impossible to guess what costs would be,
          Generally costs of both sides are met from the estate, but this is not always so.

          I think you would be well advised to obtain specialist face to face advice from a solicitor specialising in contentious probate, but await for Peridot's comments.


          • #6
            Hi Amyb076,

            Really tough for you. As the other posters have pointed out, there could be a potential claim under the Inheritance (Provision for Family and Dependants) Act 1975. You can not contest the Intestacy Rules themselves. Were you still living with them when they passed away? You would have to demonstrate that you were being financially supported by your 'parents'

            I appreciate how difficult this must be for you when they have effectively been your parents all these years, but unless you can show some financial dependence you would be unlikely to be successful in any claim. What is the relationship like with your natural parent? I doubt that a quarter share would be possible but maybe you can come to another arrangement with your sisters?

            Some face to face advice with a contested probate lawyer may be sensible. Have a search about in your locality for law firms offering a free half hour or reduced fee initial appointment.
            I am a qualified solicitor and am happy to try and assist informally, where needed.

            Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

            If in doubt you should always seek professional face to face legal advice.


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