Successful defence to adult child’s claim under the Inheritance (Provision for Family and Dependants) Act 1975

Claire Brierley of JMW’s Private Wealth Dispute team successfully defended an inheritance claim brought by an adult child of the Deceased. The claim was brought by the sister of our client, the Deceased’s adopted daughter, who at the time of the Deceased’s death was estranged from him. The claim was predominantly brought on reliance of the fact that the Claimant had various medical conditions which were expected to shorten her life span and in the future could necessitate care requirements – which was supported by a care report.

An earlier FDR failed, mainly due to the Claimant obtaining an ATE policy with a significant payment attachment which put the parties significantly apart in terms of settlement.

Whilst the medical conditions and potential care need were not in principle disputed, the case proceeded to trial as the evidence put forward by the claimant in support of her financial position were lacking (despite repeated requests). The Claimant’s husband and main care giver also refused to provide a statement in support of the claims being made.

At the final hearing, DJ Bird found that the Claimant had failed to sufficiently evidence her current or any future need based on the assets and finances she and her husband were in receipt of. The Claimant was in any event due to receive c.£9000 from the estate under the Deceased’s will.  The Claimant’s claim was dismissed and costs awarded in our client’s favour.