Legal aid FAQs - inheritance proceedings

Q1.   How do I make an application for an inheritance matter?

You will need to make an application to representation higher.

For guidance on how to submit an application request in LAMS, refer to Section 16.0 of the LAMS Supplier Manual and ‘Submitting an application’ in the Instructional Videos.

Q2.   What information do LSANI require?

Please provide the following:

  • Background to the dispute, including the client’s relationship to the deceased.
  • Summary of the assets in dispute, the size of the estate and means of the relevant parties.
  • Statement from solicitor analysing the key issues and identifying the factors supporting (or weakening) the client’s claim (by reference to the matters set out in article 5 of the 1979 Order).
  • Details of all attempts made to find a compromise without recourse to the courts.

Q3.   What documentation should I provide with my application?

We will require:

  • Copy of the deceased’s will.
  • Copy of any relevant Grant of Probate or letters of administration if the deceased has not made a will.
  • Relevant interparty correspondence, including pre-action protocol letter of claim.
  • Any relevant supporting documentation, e.g. witness statements, financial documentation, copies of any previous will.

For guidance on how to upload a document in LAMS, refer to ‘Uploading a document’ in the Instructional Videos.

Q4.   What type of certificate will I receive?

Generally, the Agency will limit the certificate to certain steps in proceedings so as to minimise the exposure of the fund in the early stages of the case. Often certificates will be initially be limited to all steps up to but excluding setting down/certificate of readiness, to include instructing counsel for advice and directions on proofs.  When a limitation has been exhausted you should follow the amendment request process to seek either a further limitation or a full certificate.

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