Looking at the 1975 Act and the class of persons able to make a claim under the same, I cannot see whether there is a right for a descendant of a child of the family ie a grandchild or grandchildren to make a claim if their parent has predeceased. Can the grandchild make a claim?
Leonie Adams
Hattens
Not unless they were being ‘wholly or partly’ maintained by the deceased immediately before their death. If granny was contributing to school fees, or similar, there might be a claim.
Iain Cameron
Acer Legal
To add to what Iain says, if the deceased treated the grandchild as their own child they could potentially claim, but I would have thought that the grandchild would at least have had to have lived with the deceased to claim in this capacity.
Eddie Bell
McMillan Williams
Thank you. As I thought too. Your replies are appreciated.
Leonie Adams
Hattens