JMW Secures Financial Provision for Child Excluded from Father's Will

JMW’s Private Wealth Disputes team acted on behalf of a young child in a claim under the Inheritance (Provision for Family and Dependants) Act 1975 after she was left out of her late father’s will.

The Case

Our client was just three years old when her father passed away.

The deceased had made his will before our client was born and left his entire estate to his son. No provision was made for our client. It was believed that had the deceased updated his will after her birth, she would have been included as an equal beneficiary.

As a child of the deceased, our client was eligible to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 on the basis that the will failed to make reasonable financial provision for her.

Given her age, our client had no earning capacity and relied entirely on her mother for financial support. Her mother was not a beneficiary under the will.

How Did JMW Help?

JMW Solicitor Nicole Hulme advised our client’s litigation friend on the merits of bringing a claim and pursued negotiations with the defendant to achieve an outcome that reflected our client's position.

At an early stage, we proposed that the estate should be divided equally between the two children. This proposal was initially rejected by the defendant’s legal representatives.

We continued negotiations and maintained our position throughout the matter. Following further discussions, the defendant ultimately offered the same fifty-fifty division that had originally been proposed.

As both beneficiaries were minors, any agreement required the approval of the court. We prepared the settlement documentation, drafted the Tomlin Order and obtained counsel’s opinion confirming that the agreement was in the best interests of both children.

The Outcome

An infant approval hearing took place and the court approved the settlement.

The agreement secured substantial provision for our client without the need for lengthy court proceedings and enabled the matter to conclude in a way that protected the interests of both children.

By securing an agreed resolution at an early stage, we avoided the additional cost, delay and uncertainty associated with contested litigation.

Our strategic approach ensured that our client’s interests remained at the centre of the negotiations while also satisfying the court that the settlement represented a fair outcome.