Mirror of Justice - All about Law and More
*Home>>>Estates Law

What problems do you think there would be in letting a dependant claim out of a dead person's estate?


..thanks!

eg as provision for family and dependants act 1975 says, you can claim money out of someone's estate provided you are dependant on them.

The main problem for dependants is failing to make adequate provision for a dependant, that is why they are challenged.

They may have failed to make provision due to the dependant becoming so after a will was made. Such as the person who made the will got married or had children.

Can a Will be contested?

Yes. Even if the Will has been properly executed and the person who made the Will has died, there are circumstances in which it may not be a final guide to the distribution of the estate.

These are:
鈥?Deed of Variation
The beneficiaries of the Will may decide to enter into a Deed of Variation within two years of the date of death. While this
is frequently carried out as a tax planning exercise, it can also be carried out by families (where all the potential
beneficiaries agree) who consider that one or other of the people in the life of the deceased was not properly provided
for in the Will.
鈥?Applications under the Inheritance Act 1975 (Provision for Family and Dependents)
Where there is not a Deed of Variation, it is still possible for one or more of those who believe that the Will has not made proper provision to make an application under the Inheritance (Provision for Family and Dependents) Act 1975
to a Court for an adjustment of the assets. Application must be made to Court within six months of the date of the grant
of probate, i.e. the date that the Will is officially validated by the Probate Registry, or possibly later if the Court agrees.

Your question is incomprehensible. Want to give us some more info?

This provisions means that non-blood relatives (or connections) can claim against the estate-- step children, foster children, civil partners, etc. There could be unpleasantness when it turns out that a deceased man was keeping a woman and her children unbeknown to his legitimate family and they turn up to enter their claim against the estate. There could be further unpleasantness when such claimants ask questions about sums of money which the deceased gave away in his lifetime (within six years), which otherwise would have fallen into his estate, thus leaving larger assets to be distributed. All kinds of things could crawl out of the woodwork. http://ec.europa.eu/justice_home/news/co...

AS long as they are 18, probably none.

maybe nothing maybe lots depends on who else may have claims on the estate ..but sure a dependant will be top of list but its up to the executor of will if there is one sorry but its really in the unknown ..

It depends a lot on whether the person made a will before they died - if they did, the estate has to be distributed according to the will (there may be grounds to challenge it but you'd need specialist legal advice for that). If they didn't leave a will the laws of intestacy will apply - google "intestacy laws" for further information.

What do you mean "claim out"? Do you mean waive all rights to the estate?

If so, the waiver needs to be by a person who is legally capable of making the waiver--a competent adult who has been fully informed of the legal consequences of the waiver.

Tags
  Insurance Law   Immigration Law   Health Care Law   General Civil Litigation   Family Law   Estates Law   Environmental Law   Entertainment Law   Employment Law   Elder Law   Education Law
Related information
  • Is half the valuation the correct amount to pay to buy out a half share in a house? do udeduct estat agent fee

    You are being had. If an estate agent is not involved, there is no reason to deal with a fee.

    ...
  • My father is mentally ill and gave me a durable power of attorney to handle his affairs is this legal?

    Yes, get a good lawyer.

    ...
  • Just plain unacceptable?

    You must face the possibility that the old bag has croaked, so your next course of action is to get another tenant in ASAP, after all you don't want to lose money on the property. Send in a me...

  • Where and how does one have a will processed after the person whose will it is dies?

    It doesn't matter where the Will was made. What matters is where your mother lived. You probate it in her state of residency. If she owned real property in another state, you'll have t...

  • Impounded vehicle (complicated story)?

    the lien holder now has the right to sue for impound fees..ouch! sorry sometimes i have to be give the bad news..I believe the reason for the insurance people not cover you on the car is because wh...

  • I need the biggest baddest Mendocino County, California Attorney! HELP! For family law and will probate!?

    Call the local bar association and perhaps they can help you find one. Also, check out www.martindale.com.

    ...
  • Joint tenancy in British Columbia?

    1. It is possible for the transfer of the condo to be contested, but not as likely as if it had been part of the estate. Joint tenancy is a common tool used to lessen the likelihood of a fight. ...

  • Child support fraud??

    Those laws vary from state to state. I will guess that none have any laws concerning the use of child support. The other aspects of your statement are illegal in all 50. That will also very from st...

  •  

    Categories--Copyright/IP Policy--Contact Webmaster