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You may be able to claim compensation for the estate of someone who has died after receiving infected blood.

Compensation is a single one-off payment of 拢100,000. You will not pay Inheritance Tax on this compensation and it will not affect any benefits you get.

Legal costs

You must have probate (or confirmation in Scotland) to claim compensation.聽

You can claim back costs of applying for probate or confirmation if your claim is successful. This includes the cost of hiring a legal adviser.

Find a legal adviser for support with your application.

If you cannot afford to pay for legal costs upfront, speak to your legal adviser about legal aid.

The estate can apply if all of the following are true:

• the person who died registered with an Infected Blood Support Scheme (IBSS) or an Alliance House Organisation Scheme (AHOS) on or before 17 April 2024
• the person who died, their bereaved partner or their estate has not already received a compensation payment of 拢100,000
• the person was living in the UK or Republic of Ireland at the time of their death

The estate鈥檚 eligibility will be checked as part of the application.

Who can apply on behalf of the estate

You must have a grant of probate, letters of administration or a grant of confirmation (in Scotland) to apply.

If you already have probate, you do not need to apply for it again.

You can check if probate has already been granted before you apply.

You can apply on behalf of an executor if you hold power of attorney.

You must have probate or confirmation to claim compensation, even if you would not normally need it.

If you鈥檙e not sure if probate has already been granted you can:

• search probate records in England and Wales
• search probate records in Northern Ireland using the or using the

If probate has not already been granted, you can usually apply for it if you鈥檙e:

• named as an executor in the will of the person who鈥檚 died
• the person鈥檚 closest living relative if there is no will

How you apply for probate depends on whether the person was living in England, Wales, Northern Ireland or Scotland when they died.

Applying for probate in England, Wales or Northern Ireland

You can:

• apply for probate in England or Wales

There are extra steps you need to take if:

• the person died between 1 January 1982 and 31 December 2021 and they had a nil value estate
• the person died on or before 31 December 1981
• you鈥檝e applied in England or Wales

If the person died between 1 January 1982 and 31 December 2021 with a nil value estate

If you do not need to send full details of the estate, you鈥檒l need to complete form IHT205.

You must write 鈥業nfected Blood Interim Estates Payment鈥� in the box in section 13 of the IHT205 form. You do not need to follow the instruction to complete form IHT400 instead.

If the person died on or before 31 December 1981

You must complete and sign a declaration and send it with your probate application.

If you鈥檝e applied in England or Wales

Email the Probate Service after applying with the:

• case reference number for your probate application
• full name of the person who died
• date of death

You do not need to email if you鈥檝e applied for probate in Northern Ireland.

Applying for confirmation in Scotland

.

You must send a covering letter stating you are applying for confirmation to claim an infected blood interim compensation payment as an estate when returning your form.

There are also extra steps you need to take:

• when declaring compensation in the estate inventory
• if the estate has a nil value

Declaring compensation in the estate inventory

You must add this wording to the inventory section of form C1:

鈥楥ompensation payment due Infected Blood Interim Estates Payment 鈥� Nil鈥�.

If the estate has a nil value

You cannot get confirmation if the estate has a nil value. If the compensation payment is the only item in the inventory, you must add another item with a nominal value. For example, you can add 鈥楥ash in hand - 拢5.鈥�

This will prevent your application from being rejected.

If all of the executors of the estate have died

If the executor of an estate eligible for compensation dies, their executor can apply for the compensation on behalf of the estate. This is known as a 鈥榗hain of representation鈥�.

Example

England and Wales

If all the executors have died, you鈥檒l need to show the certified grants of probate for everyone who has been executor for the estate.

You鈥檒l also need to submit a letter with your application with details of previous executors in the following format:

[Name and date of death for each executor]

I confirm that the dates of death provided are true to the best of my knowledge.

[Your signature]

[Date]

Scotland

If all of the executors have died or are unable to act you will need to show you have confirmation for the estate of the person who received infected blood. For example you could show a 鈥榗onfirmation ad omissa鈥� or a 鈥榗onfirmation ad non executa鈥�.聽

Northern Ireland

If all the executors have died you鈥檒l need a solicitor to provide written confirmation that you have a chain of representation. This must be signed and dated by the solicitor and must聽include their roll number.

You will also need to provide the certified grants of probate for everyone聽who has been executor for the estate.

You must have been granted probate (or confirmation in Scotland) before you can apply for compensation.

What you鈥檒l need

You鈥檒l need to provide details about yourself and the person who died, including their:

• full name
• date of birth and the date they died
• last known address, if you know it
• Infected Blood Support Scheme (IBSS) or Alliance House Organisation Scheme (AHOS) number, if you know it

You鈥檒l also need to include:

• proof of your identity by providing a certified copy of your passport or driving licence聽
• 2 documents proving your address, for example a bank statement or utility bill issued in the last 6 months
• a certified colour copy of the grant of probate, letters of administration or grant of confirmation (unless the original was issued in black and white)

Apply for compensation

Apply using the Infected Blood Interim Estates Payments compensation application form.

You can only apply by post.

What happens next

You鈥檒l usually be told if your application is successful within 30 working days. If you鈥檙e not contacted after 30 days, contact the scheme you sent your form to.

If your application is successful

The scheme will contact you about what to do next.

You can claim back the legal costs of applying for probate or confirmation.

If your application is unsuccessful

If you disagree with the decision, you have 3 months from the date you received the decision to provide further information and ask for your application to be reassessed.

You cannot claim back the legal costs for your probate application (or confirmation in Scotland).

You may be eligible for compensation under the main Infected Blood Compensation Scheme instead. Sign up for updates on the scheme.

If your claim for compensation is successful, you can claim back the costs for your probate application (or confirmation in Scotland).聽

You can only claim back what you paid for:

• the probate application fees
• the cost of hiring a legal adviser to help with your probate application (up to 拢1,500)

You can only claim the cost of legal fees for probate applications that were made after October 2024.

What you鈥檒l need

You must provide:

• the receipt from your application for probate, letters of administration or confirmation
• proof of payment to your legal adviser, if you hired one
• the application number you got when you claimed compensation (you can find this at the top of your decision letter)
• your legal adviser鈥檚

Apply using the legal fees reimbursement claim form.

What happens next

You鈥檒l usually be told if your application is successful within 30 working days.

If your application is unsuccessful

If you disagree with the decision, you have 3 months from the date you received the decision to provide further information and ask for your application to be reassessed.

If you need help with applying for an infected blood interim compensation payment as an estate, contact the scheme based where the person was living when they died.

Contact the聽England Infected Blood Interim Estates Payment Scheme聽

Contact the Infected Blood Payment Scheme for Northern Ireland

Contact the Scottish Infected Blood Support Scheme

Contact the Wales Infected Blood Support Scheme

You might be able to get additional financial support from an Infected Blood Support Scheme. This applies even if the person who died was registered with an Alliance House Organisation Scheme instead.

You may be eligible if the person lived in England, Northern Ireland, Scotland or Wales when they died.

Check your eligibility for the:

Find other types of support provided by the schemes, charities and NHS.