Nicole Hulme of JMW’s Private Wealth Disputes team recently represented a client in a claim under the Inheritance (Provision for Family and Dependants) Act 1975, against the estate of her late father.
The Deceased died leaving a will, which left his entire estate to his son and left no provision for our client, who was just 3 years old. The Deceased had executed the Will before our client had been born and it was believed she would have been an equal beneficiary, had the Deceased created the Will after her birth.
Pursuant to Section 1(c) of the Act, our client was an eligible applicant, who could bring a claim on the ground that she had not been left reasonable financial provision under her father’s Will. As a minor, our client had no earning capacity and would not for many years. Consequently, she relied entirely on her mother, who was not a beneficiary under the Will.
Given the Defendant’s status as a minor, we initially proposed a settlement of 50% of the Deceased’s estate, which was declined by the defendant’s legal representatives. However, following further negotiations, the Defendant ultimately offered the same 50% division, which we accepted on behalf of our client.
As both our client and the Defendant were minors, the settlement needed to be approved by the Court. We prepared the settlement agreement, tomlin order and obtained counsel’s confidential opinion, which confirmed the settlement was in both our client’s and the Defendant’s best interests. An infant approval hearing took place, and the Judge approved the settlement.
A considerable financial settlement was achieved for our client without the need for extensive litigation, which would have been stressful and costly for our client.