Support available to make a claim as a representative of an estate
Updated 23 April 2024
© Crown copyright 2024
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/windrush-compensation-scheme-claim-forms-and-guidance/support-available-to-make-a-claim-as-a-representative-of-an-estate
Introduction
You may be able to apply to the Windrush Compensation Scheme (WCS) if you are representing the estate of someone who would have been eligible to apply.
You will need to show that the person who died:
- would have been eligible for the WCS as a primary claimant
- suffered losses because they were unable to demonstrate their lawful status in the UK (as explained further in the WCS Rules and guidance)
You will also need to show that you have authority to act on behalf of the estate. This means providing a copy or photocopy of the relevant grant of probate (if there is a will) or grant of letters of administration (if there is no will). We refer to this as ‘applying for probate’.
If you don’t have this, you might be able to get:
- help with applying for probate
- probate application fees paid for or reimbursed
- legal advice sought to apply for probate reimbursed up to £1500
You can either:
- get help to apply for probate before you apply for compensation
- get help to apply for probate after you apply for compensation
Get help before you apply for compensation
We can:
- refer you to our claimant assistance provider, We Are Group (formerly known as We Are Digital), if you would like free help and support in applying for probate. Alternatively, you can contact them directly for free on 0808 196 8496
- send you an information pack containing probate application forms and instructions on where to send them
- reimburse the probate application fee, if there is one, and up to £1,500 in legal costs incurred in relation to applying for probate
You can access this help by calling the Windrush Help Team for free on 0800 678 1925.
Get help after you apply for compensation
Once the eligibility of the primary claimant for the WCS and your identity has been confirmed, we will:
- send you an information pack containing probate application forms and instructions on where to send them
- refer you to our claimant assistance provider, We Are Group, if you would like free help and support in applying for probate
- pay the probate application fee, if there is one, directly to HM Courts and Tribunal Service or reimburse the fee if you pay for this yourself
- reimburse up to £1,500 in legal costs incurred in relation to applying for probate
Conditions for reimbursing costs
We will reimburse probate fees and up to £1,500 in legal costs if:
- you successfully applied for probate on or after 3 April 2019
- you have applied to the compensation scheme and eligibility requirements have been confirmed
- the legal costs are associated with the probate application process only, not the administration of the estate
- you provide evidence of the costs you incurred such as copies of receipts or invoices
Contact details
You can contact the free Windrush Help Team for more information on 0800 678 1925 (Mon to Fri 9am-5pm).
To make an estate claim you should apply using the Representative of an estate: Windrush compensation claim form. You can apply by email or post.
You can contact We Are Group for free on 0808 196 8496 (Monday to Friday 9am to 5pm).