Claim Checker technical prototype

Guidance

About the 1975 Act

"An Act to make fresh provision for empowering the court to make orders for the making out of the estate of a deceased person of provision for the spouse, former spouse, child, child of the family or dependant of that person"

The 1975 Act

Any extra relevant information around 1975 Act. Contextual guidance?

MH and ML both have input here

Conditional guidance

No grant of probate

If probate has not been granted, you need to do this [...]

Conditional guidance

Do not know if probate has been granted

If you do not know whether probate has been granted, you can find out here [...]

Conditional guidance

The claim can be made

The deceased was domiciled in England or Wales at the time of death, so the claim passes on this point.

Green traffic light

Conditional guidance

Maybe

As we do not know the domicile of the deceased, we do not know if the claim passes on this point.

Yellow traffic light

Conditional guidance

No claim

The deceased was not domiciled in England or Wales at the time of death, so the claim is not valid.

Red traffic light

Conditional guidance

No will?

If there is no will, you can find it here [...]

Or take these actions [...]

It has these implications on the claim check [...]

Yellow traffic light

Conditional guidance

Old will

This guidance will only show if the will is over six years old

The will is older than six years.

There is a possible increased liklihood that:

• There may be a will that superceeds it. In this case we would recommend carrying out a search on the national will register to check.
• People typically update wills, so an old will may be an indication that another will has been done but no one can find it.
• They may have divorced or remarried. If they have remarried it revokes that particular will.

In such cases, there may be evidential issues that we need to look at, to be able to advise on merit.

Get in touch for a free overview of your circumstances.

Conditional guidance

New will

This guidance will only show if the will is younger than six months.

The will is younger than six months.

If it has been written within the last six months, they are treated with more caution because their done towards the end of life.

• What were the circumstances in which the will was done?
• Were they poorly?
• Was there undue influence?
• Were they of an age that meant they were susceptible to influence and pressure?
• It becomes more about capacity.

In such cases, there may be evidential issues that we need to look at, to be able to advise on merit.

Get in touch for a free overview of your circumstances.

Guidance

Types of gift

Your gift can be either a pecuniary legacy or a share of the residual estate.

In some cases, charities can have both.

This will be written in the will.

Relevant cost benefit information

Any other useful relevant information?

Guidance

Spouse or civil partner

Brief explanation of implications of being a spouse on the claim.

While spouses and civil partners have a strong claim, there are a number of factors that can effect the size of a reward.

The next few questions explore these issues. If you do not have the answer, leave the question blank.

Conditional guidance

Exclusion clause - No claim

[MH] If the answer is yes - is there a copy attached? Please attach it [need an upload field]

The claimant has an exclusion clause so the claim is invalid.

Would an exclusion be mentioned in a letter?

Conditional guidance

Exclusion clause not mentioned

[MH] If the answer is no - it wouldn't be a y/n/m. Just a comment - Former spouses can only bring a claim if they are not subject to an exclusion clause in the divorce settlement.

Before proceeding further, we would need to see this confirmation.

If there is no exclusion clause in the divorce settlement, the 1975 Act passes on this point.

If no exclusion is mentioned, we would need to see the divorce settlement to confirm.

Recently divorced are more likely to have an exclusion.

Conditional guidance

Remarried

If the claimant has remarried,

The starting position would be NO claim.

Unless there is a 2nd dependency.

Do we need a date of marriage box? Is the date relevant?

Conditional guidance

Not remarried

If the claimant has not remarried, the 1975 Act would pass on this point.

Conditional guidance

Unsure

If you do not know, we would need to find out.

Conditional guidance

Former spouse assets

If they have relatively low assets, the claimant may be seen as requiring further provision.

We can explore this further and assess how this may affect your legacy.

Conditional guidance

Claimant has dependency

If the claimant has dependency then the merit of the claim may improve.

Conditional guidance

No dependency

Does this mean they cannot claim?

Miro says it has no relevance, is this correct?

Conditional guidance

Dependency unknown

Need to check existence of arrangements.

Conditional guidance

Less than two years

If the claimant has been living with the deceased for less than two years, they cannot make a claim.

Any caveats?

Conditional guidance

Over two years

If the claimant has been living with the deceased for over two years, they can make a claim.

Any caveats?

Conditional guidance

Other financial provision

Strengthens the case.

Detailed examination required.

Conditional guidance

No other financial provision

The claim is likely to be limited to property.

Conditional guidance

Cohabitee assets

If they have relatively low assets, the claimant may be seen as requiring further provision.

We can explore this further and assess how this may affect your legacy.

Conditional guidance

Cohabitee assets

If there is evidence of assets, the claimant may be seen to require less provision

We can establish the assets to ensure fairness for your charity [Hook?]

Conditional guidance

Adopted child

The claimant would need disclose the adoption certificate

An adopted child who is financially dependant on the deceased is more likely to receive a higher award.

If they are not dependant, this may reduce the likelihood of a higher award.

Conditional guidance

Treated as a child

The claimant would need to establish their relationship.

A child of the family who is financially dependant on the deceased is more likely to receive a higher award.

If they are not dependant, this may reduce the likelihood of a higher award.

Conditional guidance

Under 18

The child is under 18 so their claim may have more merit.

Conditional guidance

Adult over 18

The child is over 18 so their claim may have less merit.

Caveat

If the child is in full-time education they may be more likely to receive provision.

Conditional guidance

Less than two years

As this is less than two years, they may be seen as having less dependency.

[Correct?]

Conditional guidance

Over two years

As this is more than two years, they may be seen as having more dependency.

[Correct?]

Conditional guidance

Other financial provision

Strengthens the case.

Detailed examination required.

Conditional guidance

Other financial provision

No other financial provision described in letter.

[Any issues to discuss here?]

Conditional guidance

Physical or mental illness

Contextual information.

The claim has more merit as the child requires provision.

Conditional guidance

Two or more years

The 1975 Act is eligible if there is provision of some money or moneys worth immediately proceeding death for at least two years.

This means the claim is has merit.

Conditional guidance

Less than two years

The 1975 Act is eligible if there is provision of some money or moneys worth immediately proceeding death for at least two years.

This length of dependence would mean this claim would not be eligible.

Conditional guidance

No use of property

If the claimant has not used a property then the financial dependence must be something else, like a regular payment.