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Inheritance and Will Dispute Case Studies
We acted for a husband in relation to the Estate of his late wife. Our client had been married to his wife for over 20 years. On her death, it was discovered that she had made a Will leaving her Estate in its entirety to a child of her previous marriage.
Throughout their marriage, our client and his wife had resided in a house in the wife’s sole name and therefore the Property formed part of her Estate. On his wife’s death, our client was asked to vacate the Property.
Proceedings were brought by our client who sought relief under the Inheritance (Provision for Family and Dependants) Act 1975 as a spouse of the Deceased. As the deceased's spouse, our client was entitled to "reasonable provision" from his late wife’s Estate. This claim was successfully concluded by mediation with a lump sum payment being made to our client from the Estate.
In another Case, 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.