When a loved one dies and leaves behind a will or estate, it is possible for individuals who have been left out or who feel that they have not received a fair share of the assets to make a claim for provision from the estate. This type of claim is known as a “claim against an estate.” But what if the individual making the claim is on benefits? Can they still make a claim against an estate?
The short answer is yes. Whether an individual is on benefits or not has no bearing on their eligibility to make a claim against an estate. However, it is important to understand that the individual’s financial situation, including their benefits status, may impact the outcome of the claim.
Claim for Provision from an Estate
When making a claim for provision from an estate, the individual must be able to demonstrate that they have a moral or financial need for provision. This means that they must show that they are dependent on the deceased for financial support or that they have a reasonable expectation of financial support from the deceased.
If the individual is on benefits, this may affect the amount of provision that they are able to receive from the estate. The court will take the individual’s own financial position into consideration when determining the amount of provision that they are entitled to receive. The amount awarded could also impact the individual’s benefits if the benefits the individual receives are means tested; this means benefits which are based on how much income you earn and how much money you have in savings. It is therefore important to think about what benefits you receive and whether or not they are means tested when considering bringing a claim or when considering any settlement offers to settle a claim.
It is also important for benefits claimants to understand that there are time limits for making a claim against an estate. In the UK, for example, a claim must typically be made within six months of the grant of probate being obtained. If the individual misses this deadline, they may be unable to make a claim.
Choosing the Right Solicitors
In conclusion, a benefits claimant can make a claim against an estate, but it is important to understand that their benefits status may impact the outcome of the claim. It is also important to choose a specialist solicitor who can provide the right guidance and representation throughout the process. With the right legal support, a benefits claimant can ensure that their rights and interests are protected and that their claim is resolved in a fair and just manner.
Cognitive Law is a leading law firm that specialises in wills and estate disputes. The firm is dedicated to providing clients with expert legal advice and representation, and has a reputation for delivering outstanding results in complex and challenging cases. Hayley-jo Lockley is a consultant solicitor at Cognitive Law and is a highly experienced litigation solicitor with extensive experience in this area. She has a deep understanding of the law and a proven track record. Hayley-jo is committed to helping clients achieve their goals and is dedicated to providing them with the best possible service.
To contact Hayley-jo email hayleyjo.lockley@cognitivelaw.co.uk