A Part IV Claim is an application made to a Court for an Order that provision is made for a person from the assets of a deceased’s estate. The person making the application (Claimant) must show that the deceased had a moral obligation to make provision for the Claimant in their Will.
The categories of person eligible to bring a Part IV Claim include:
A Part IV Claim must be made within 6 months of the date of the Grant of Probate. An application can be made to the Court to seek an extension of time, but this is only applicable in extremely limited cases.
Sullivan Braham has extensive experience in both bringing and defending Part IV Claims. We have significant experience in negotiating settlements out of court, and where necessary issuing Supreme Court proceedings to pursue appropriate provision for our clients.
We advise clients pragmatically about all of the options available to them including any alternative causes of action that may available so that they can make an informed decision about their situation.
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