Who Can Make Family Provision Claims?
After a wealthy person passes away, a lot of people will get a share of his wealth. However, not everyone will be included in the will and if they think they have the right to be there they can contest it. They can do it by making family provision claims. Here are people who are qualified to make these claims:
If you are a child of someone who passed away, then you are allowed to contest. It doesn’t necessarily mean the deceased is your direct parent. You can be adopted so be sure you still have the papers that can prove you were legally adopted. There is also no age limit for this as you can be as old as 56 years old and as young as 8 years old to do it.
If you are the surviving spouse of the person at the time of his death, you have all the right to make a claim. There is a good reason for the married couple to both say “til death do us apart” in their marriage vows. The couple is meant to be together until one of them files a divorce. If you think you are in good standing with the deceased person at the time of his death and you were left out of the will for some reason, you better make a claim within a year of his death.
If the deceased person had several failed marriages, you have the chance to make a claim for a share in the estate if you’re one of his ex-spouses.
4. People in Close Personal Relationships
If you had a close relationship with the deceased person, you are allowed to make family provision claims. This doesn’t necessarily mean the two of you were in a relationship. Even if the two of you were just close friends at the time of his death, you are still allowed to protest why you weren’t included in the will