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Acting for a disabled child in relation to her late mother’s Estate

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We acted for a disabled child in relation to her late mother’s Estate.

Our client’s mother died leaving her Estate split between two of her children. Our client was mentally disabled and was cared for by her late mother. As the Deceased’s Will provided for a payment to be made outright to our client, our client lost her entitlement to means-tested benefits the effect of which would mean that our client’s inheritance would be eroded relatively quickly.

Our client was entitled to claim under section 1(1)(c) of the Inheritance (Provision for Family and Dependants) Act 1975 on the basis that she was the adult child of the Deceased and also under section 1(1)(e), that she was financially dependent on the Deceased.  The claim was successfully concluded by way of negotiation with our client receiving a lump sum ‘top-up’ payment from the Estate to be held on Trust for our client.

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.

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