Daniel Craig has described leaving a substantial inheritance to children as a “distasteful” practice, saying that he will not be leaving his children a fortune. Ordinarily a parent will leave their money to their children, but what happens when a person passes away and they have not left a legacy or have left a very small legacy?
Head of Civil & Commercial Litigation, Andrew Leakey, explains what happens in this circumstance.
There is legislation that permits certain people to apply to the court for a legacy where they have not been left one. A legacy is the money or gift you receive from someone’s estate after they pass away.
In order to bring a claim under the Inheritance (Provision for Family and Dependants) Act, the person bringing the claim must be one of the following:
- The spouse or civil partner of the deceased,
- The former spouse or civil partner of the deceased providing they have not formed a subsequent relationship,
- A child of the deceased,
- Any person to whom the deceased stood as a parent or who was treated as a child of the deceased,
- An individual not listed above who can show that they were financially dependent on the Deceased.
That means that if you are one of the above, you can make a claim to receive a legacy.
What limitations are there?
It’s important to note that there are limitations and time limits to making a claim.
A claim has to be brought within six months from the date of the grant of probate. There is more information on the probate process available here.
Each claim must be assessed on its own merit. The court will consider various matters when assessing your claim, and having specialist advice and analysis by a qualified legal expert is vital to helping you know where you stand.
Get in touch with Andrew and his team on 0151 282 1700 to find out more.
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