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Eligibility to Make a Claim Under the Inheritance Act 1975

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The Inheritance (Provision for Family and Dependants) Act 1975 enables certain persons to challenge a will, or the rules of intestacy if the deceased person did not leave a will or a valid will.

The types of person who may make a claim in accordance with the 1975 Act are:

  1. The spouse or civil partner of the deceased;
  2. A former spouse or former civil partner of the deceased (but not if they have formed a subsequent marriage or civil partnership;)
  3. Any person who had been cohabiting with the deceased for at least 2 years before they died;
  4. A child of the deceased;
  5. Any person who was treated by the deceased as a child of the family;
  6. Any person who was being maintained by the deceased.

If a person does not fall into one of the above categories then they will not be able to make an application under the 1975 Act for a financial award from the deceased person’s estate.

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