Whether you are married to your partner, in a civil partnership or co-habiting, circumstances may arise in which you need to make a claim against the estate of your partner in the event of his or her death. This may be because no provision has been made for you at all or you consider that insufficient provision has been made.
Our family law team can advise you on this complex area of law and if necessary represent you in a claim against the estate. Different standards of provision apply whether you are a spouse or civil partner, a former spouse or civil partner, or cohabitant. In the case of former spouses or civil partners, it will be necessary for us to check carefully the provisions of any previous court order dealing with finances. If you are a cohabitant it will be necessary to show that you had been living with the deceased as husband or wife or civil partner for two years ending immediately before the date of death.
You may be the person responsible, or a beneficiary of the estate against which a claim is being made. We can advise you also.
We are also able to deal with potential claims on behalf of children or persons who immediately before the death of the deceased were being maintained. If you fall into the latter two categories we would deal with you within our separate Dispute Resolution department.
Our lawyers are members of Resolution, formerly the Solicitors Family Law Association, and take great care to understand each individual case before offering advice and recommending a course of action. We want to assist you in achieving the fairest possible solution.
