The death of a loved one can be an upsetting and difficult time. This can be particularly so if a person feels they have been inappropriately left out of the deceased’s Will. In our experience, grandchildren can often have very significant relationships with a deceased grandparent yet they may be left out of their Will. Fortunately, there is a way by which a grandchild can seek to receive a share of the deceased’s Estate.
The Succession Act provides a means by which an “eligible person” can apply to the Court seeking an order that they be given greater provision from a deceased’s Estate. Eligible persons include people like spouses and children of deceased persons. However, determining whether a grandchild is an “eligible person” is a bit trickier.
A grandchild can only be an “eligible person” if they were “wholly or partly dependent” on the deceased person “at any particular time”. Alternatively, a grandchild may be an “eligible person” on the basis that they were a person “with whom the deceased was living in a close personal relationship at the time of the deceased’s death”.
Determining whether a grandchild satisfies one of the above conditions requires a detailed investigation into the nature of the relationship between the grandchild and the deceased, as well as a consideration of previous cases decided by the Courts.
If you are a grandchild and you are concerned that you have been inappropriately left out of a deceased’s Will, then please arrange an appointment with Everingham Solomons Solicitors. We understand the sensitive nature of these situations. We pride ourselves on giving honest and direct advice so that you can understand your legal position in these emotional circumstances, because Helping You is Our Business.
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