Prior And Legal Right Claims

Regardless of the existence, or terms of a Will, certain categories of people have rights to a deceased’s estate.

If there is a Will

  • Spouses and children have a Legal Right entitlement to claim a proportion of the estate. The specific value will depend on the value and circumstance of the estate. Their claim can be made instead of accepting any entitlement under a Will. In other words, they cannot take both.
  • Otherwise, the estate is distributed in terms of the most recent and valid Will.

If there is no Will

It is worth noting that the above deals exclusively with assets which are treated as part of the deceased’s estate. However, there are also several types of assets which may fall outwith the confines of the deceased’s estate, such as pensions, assets held in trust and certain joint assets.

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