JMW represents client in a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act) and wins successful settlement through mediation

Sarah Corbridge of JMW’s Private Wealth Disputes team recently represented a client in a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act) against the estate of her late father, who had passed away over 30 years ago.  A Grant of Probate had never been required as the Deceased’s only asset was his share in his property, and this passed directly to his spouse by survivorship.  This meant that despite the years that had passed, the claim was not technically out of time as the six-month month time limit had never started running.  Our client had not previously pursued a claim as she had a genuine expectation to inherit the property after the spouse’s death, as this had been set out in the Deceased’s will.  

However, when the Deceased’s spouse died in 2024, her own will left the property to a relative, whom the Deceased nor our client had never met.  Our client intimated a claim under the Act as an adult child of the Deceased which included an application under section 9(1) of the Act that the Deceased’s severable half share of the property be treated as part of his estate for the purposes of the claim.

The claim was robustly defended on the basis that our client had taken too long to pursue the claim and that the beneficiary had a competing financial need.  Despite this, the matter proceeded to mediation and a considerable financial settlement was achieved for our client without the need for extensive litigation, which would have been stressful and costly for her.  Our client was also satisfied that her father’s original testamentary wishes, that she would benefit from the property after the death of his wife, had been upheld.