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Family provision on death if not provided for by will

Family provision on death if not provided for by will is likely to become more common though the statute that deal with has been in force for forty years. A factsheet, SEEKING PROVISION FROM  THE ESTATE OF A DECEASED RELATIVE IF NOT IN THE WILL, is available upon request from Stonehewer Moss solicitors of Northwich, Cheshire. Solicitor Michael Brennan prepared the factsheet and has noted that the balancing exercise carried out by the Court is very similar to that in divorce. Michael says, “I have been looking at probate and wills issues for the firm, as I am interested in this area of work and am concerned solicitors administering estate are offering a nineteenth century service in terms of charges. Preparing a will is relatively cheap but I am fairly sure many people do not realise solicitors acting for the estate after death help themselves to a percentage of the estate in many instances. Solicitors should move with the times and the law certainly does. I am fairly sure more challenges to estates under the Inheritance ( Provision for family and dependants) Act 1975 will take place in the future. For the past 25 years I have mainly worked in divorce and have witnessed the court change the outcomes markedly in that time. In the early 90s a spouse would be treated paternally by the Court and might receive a fraction of the family worth if not the main earner; today the Court is alert to the need to achieve equality and the careful spouse will seek a pre nuptial settlement. No such option applies to family members of a deceased who has cut him or her out of the will while more people of middle and youth generations have unmet needs. I believe anyone making a will has the right to provide as they wish but equally his or her family members have the right to apply to the Court to assess whether the estate has objectively made reasonable provision for him. The case law does not rule out specific persons, for example a son in good health and working may still have an arguable case dependant on the facts.”

Michael hopes to utilise his decades of experience negotiating settlement of divorce cases in this developing area of law. Stonehewer Moss can offer fixed fees and may analyse your case as justifying a no win no fee in same instances. in the alternative, fees may be deferred to be paid at an agreed stage of negotiation. the time limit for application needs to be kept in mind.

For more information or to request a copy of the factsheet telephone 01606 872200 e mail





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