A person is entitled to leave their estate to whoever they want however there are some people who might reasonably expect to receive a share of it. In cases where reasonable financial provision has not been made, the Inheritance (Provision for Family and Dependants) Act 1975 allows the Court to change the shares of the deceased’s estate.

Am I eligible to bring a claim?

The Inheritance Act sets out the categories of people who may be eligible to bring a claim. These categories are:

• the spouse or civil partner
• a former spouse or civil partner who has not remarried or registered a new civil partnership
• a person who was cohabiting with the deceased as ‘husband and wife’ for at least 2 years prior to their death
• a child of the deceased
• a person treated by the deceased as a child of the family
• a person who was being maintained by the deceased

What is a reasonable financial provision?

Where you are the spouse of the deceased it is defined as such financial provision as it would be reasonable in all the circumstances of the case for a husband or wife to receive, whether or not that provision is required for his or her maintenance.

In cases involving the civil partner of the deceased it would be defined as such financial provision as it would be reasonable in all the circumstances of the case for the civil partner to receive, whether or not that provision is required for his or her maintenance.

For all other categories of people, reasonable financial provision means such financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive for his maintenance.

What will the court consider?

In deciding whether to change the shares of the deceased’s estate, the Court will consider a number of factors in order to decide whether reasonable financial provision has been made and if not, what order should be made. These factors are referred to as the ‘Section 3 factors’ and are as follows:

• the financial resources and financial needs which the applicant has or is likely to have in the foreseeable future;
• the financial resources and financial needs which any other applicant for an order under section 2 of this Act has or is likely to have in the foreseeable future;
• the financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future;
• any obligations and responsibilities which the deceased had towards any applicant for an order under the said section 2 or towards any beneficiary of the estate of the deceased;
• the size and nature of the net estate of the deceased;
• any physical or mental disability of any applicant for an order under the said section 2 or any beneficiary of the estate of the deceased;
• any other matter, including the conduct of the application or any other person, which in the circumstances of the case the court may consider relevant.

Is there a time limit for bringing a claim?

An applicant must start their court claim within 6 months of a grant of probate or letter of administration being used. The court does have some discretion to permit claims out of time but only where exceptional circumstances prevent this person bringing a claim earlier.

If you require further advice or assistance on this issue or any civil disputes, please contact Stephanie Doughty by e-mail at stephanie.doughty@hindle-campbell.co.uk or by telephone on 0191 296 1777.

You have decided to divorce and you are wondering whether you can deal with the divorce yourself to save the cost.

Can you? The answer is probably yes, you can. The process itself is relatively straightforward and HMCTS have moved it online to simplify things further.

However, the question you should really ask yourself is – should you …?

Due to the apparent simplicity of the process, we are finding that more and more people are now choosing the DIY option when it comes to divorce. However, we are also finding an increased number of problems. The main examples are:

1. People are getting through the process to a point, and then finding it difficult to obtain a decree because something has gone wrong, legally or procedurally. In the end, it can often cost more to rectify these problems than it would to have instructed us in the first place. It usually always adds delay, too.
2. In circumstances where someone has successfully completed the divorce process online, and then later wishes to instruct us to deal with financial settlements, there can sometimes be problems because of what was said in the divorce petition. Some of these errors can be fatal – one example involved someone finding out that they could not actually make a claim at all, for anything. Other less severe examples involved people who had to spend more and tax extra procedural steps to be able to make a claim for finance and property – in the end, again, costing more overall.
3. Divorcing fundamentally changes your legal status and can substantially affect your entitlement in the event your ex-spouse pre-deceases you before financial arrangements are formalised.

Even though the process itself is online and apparently simple, divorcing is still a legal procedure which requires careful handling to ensure all the relevant things are thought about and all the relevant legal criteria are met. Almost always, it is necessary to consider the wider picture before ploughing on through it. Depending on how you approach it, you may cause yourself the kind of problems described above which can be self-defeating.

We offer a fixed fee for divorce (£600.00 inc VAT) and can ensure that you receive tailored advice which protects your interests. We can also offer advice on Wills at the same time so that you can make informed decisions which may not only affect how your estate passes, but also your ex-spouse and children.

Speak to a family solicitor today on 0191 296 1777 to arrange an initial, free, no obligation 30 minute consultation to find out more. We can offer appointments by telephone, video call or, if necessary, face to face in a Covid secure environment.

You will be joining a down to earth and friendly firm that offers high quality legal advice for businesses and individuals. You’ll be part of a dedicated team of commercial property specialists experienced in all types of commercial property transactions.

Our commercial team handle a varied caseload of commercial property transactions this includes sales, purchases, refinancing of property portfolios, assignment of a lease or the granting of a new lease.

Transactions also include:

• Dealing with all property inquiries from both a Buyer and Seller perspective

• Drafting and negotiating the terms of commercial leases

• Acting for banks and lenders in respect of any queries

• Dealing with registration of the property and HM Land Registry

• Dealing with properties held in SIPPs

This is a fantastic opportunity for an enthusiastic Commercial Property Solicitor to join a firm that is investing in the future.

The ideal candidate will be 0-2 years PQE, although applications from candidates outside of this will be considered. If NQ level, it is essential that you have done a seat in commercial property and are able to run your own case load.

Applications by post and email:

Please provide a short introduction, indicating the position you wish to apply for and attach a copy of your CV addressed to:

The Practice Manager, Hindle Campbell Law, 8 Northumberland Square, North Shields, NE30 1QQ (email: clare.usher@hindle-campbell.co.uk)

A rare opportunity has arisen for a temporary Conveyancing secretary/assistant role to provide part time support in our very busy team.

In order to be considered for this role you should be an experienced legal secretary with excellent typing skills, a high degree of accuracy and a familiarity with case management systems.

Typical duties will include opening new files, checking ID, responding to correspondence, liaising with clients and general office administration. You will help to manage diaries, to prepare bills and transcribe dictation.

The ideal candidate will be client focussed, highly organised with strong communication skills and an ability to work on their own and use their own initiative.

This is a fantastic role for well a organised, dynamic individual.

Applications by post and e-mail.

Please provide a short introduction, and attach a copy of your CV addressed to:

Anita Swift, Office Manager (anita.swift@hindle-campbell.co.uk)