Naomi Ireson has successfully resolved the defence of an Inheritance Act claim by an adult child.
This is a real-life case study about defending an adult child inheritance claim. Contact us for a free consultation about your case.
Contentious probate lawyer Naomi Ireson has successfully resolved a claim brought by an adult child under the Inheritance (Provision for Family and Dependants) Act 1975 at mediation, securing an excellent outcome for her client.
Claims brought by adult children under the Inheritance Act 1975 are becoming increasingly common, particularly where a claimant has been excluded from a will or receives less than expected from an estate. This case demonstrates how early legal advice and mediation can protect beneficiaries and avoid costly court proceedings.
Background to the inheritance dispute
In this case, the claimant was an adult child of the deceased who had been excluded from the will.
Naomi’s client was due to receive approximately £225,000 through a discretionary trust created by the will.
The claimant brought proceedings under the Inheritance Act 1975, arguing that reasonable financial provision had not been made for them from the estate. Naomi defended the claim on her client’s behalf.
What is an Inheritance Act claim by an adult child?
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain categories of people — including adult children — to challenge a will if they believe it fails to make reasonable financial provision for them.
However, adult children do not automatically succeed in these claims. The court considers a range of factors, including:
- the size and structure of the estate
- the claimant’s financial position
- the relationship between the claimant and the deceased
- competing claims from other beneficiaries
- the wishes expressed in the will
Many claims are defended successfully, particularly where the will reflects clear intentions, other beneficiaries have strong competing interests, or the claimant cannot show a financial need.
Successful resolution at mediation
Rather than proceeding to an expensive, contested court hearing, the dispute was resolved through mediation.
A settlement was agreed in which Naomi’s client made a modest payment of just £9,000 to the claimant from her share of the trust.
Importantly:
- the claimant was required to pay her own legal costs
- the settlement represented only a small proportion of the inheritance our client received
- the dispute concluded without the delay and expense of court proceedings
This represented a strong outcome for Naomi’s client.
Settlement allowed our client’s inheritance to be received outright
An additional benefit of the settlement was that Naomi’s client was able to receive her inheritance outright, rather than it continuing to be held within a discretionary trust structure.
This provided certainty and control over the inheritance going forward.
Why mediation is often effective in Inheritance Act disputes
Inheritance Act claims can be stressful and expensive if they proceed to trial. Mediation frequently provides a faster and more cost-effective solution.
Advantages of mediation include:
- avoiding lengthy court proceedings
- reducing legal costs
- preserving family relationships where possible
- achieving flexible settlement outcomes
- bringing disputes to an earlier conclusion
Courts actively encourage mediation in contested probate disputes for these reasons, and parties can be penalised for refusing to engage.
Defending claims brought by adult children under the Inheritance Act 1975
Being named as a defendant in an inheritance claim can be worrying, particularly where a significant inheritance is at stake.
Specialist advice is important if:
- an adult child has been excluded from a will
- you are a beneficiary facing a claim
- trustees are defending proceedings
- an estate is being challenged after probate
- mediation is being proposed
Many claims can be resolved successfully with the right legal strategy.
Speak to a specialist contentious probate lawyer about defending an adult child inheritance claim
Naomi Ireson is a member of ACTAPS (the Association of Contentious Trust and Probate Specialists) and regularly advises clients on defending Inheritance Act claims, including those brought by adult children. She is recommended by the Legal 500, which has described her as ‘a legend in the making’.
If you are facing a challenge to a will or inheritance, Naomi and our specialist team can advise you on your options and help protect your position.
We offer free, confidential initial consultations and clear advice on the likely merits of a claim or defence.