2023년 2월 20일 월요일

Explain time limit, applicants and ground for claims against estates under the Inheritance (Provision for Family and Dependants) Act 1975 under English law.

Under English law, the Inheritance (Provision for Family and Dependants) Act 1975 (the "Act") allows certain individuals to make a claim against an estate if they believe that they have not been adequately provided for in the deceased's will or under the rules of intestacy. Time limit: The time limit for making a claim against an estate under the Act is 6 months from the grant of probate or letters of administration. However, in some circumstances, the court may allow a claim to proceed outside of the 6-month time limit. Applicants: The Act provides for a limited group of applicants who may make a claim against an estate, including: Spouses or civil partners of the deceased Former spouses or civil partners who have not remarried or entered into a new civil partnership Children of the deceased, including adult children and children who were treated as the deceased's children (such as stepchildren) Individuals who were maintained by the deceased prior to their death, such as a cohabiting partner or dependent relative Any person who was being supported by the deceased (wholly or partly) immediately before the deceased's death Grounds for claims: In order to make a successful claim under the Act, the applicant must demonstrate that the deceased did not make "reasonable financial provision" for them in their will or under the rules of intestacy. What constitutes "reasonable financial provision" will depend on the specific circumstances of each case, but the court will consider factors such as the financial needs and resources of the applicant, the size and nature of the estate, and the needs of any other beneficiaries. It is worth noting that the Act does not give an absolute right to make a claim against an estate. The court has discretion to decide whether to grant an application and how much provision should be made.

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