Challenging the intestacy rules

Case study of a successful challenge to the intestacy rules

Contentious probate partner, Naomi Ireson, has succeeded in challenging the intestacy rules on behalf of her client.

Miss W was an equal beneficiary of the estate of her late parents under the rules of intestacy; the rules that determine how an estate should be distributed when there is no Will. In most circumstances the intestacy rules provide for a fair outcome, but this is not always so. In Miss W’s case, she had lived with her parents for a number of years and was reliant on her parent’s property for providing a roof over her head. She was therefore effectively rendered homeless by her parents’ passing and the one sixth share of the estate that she inherited under the intestacy rules was not sufficient to enable her to buy a property elsewhere.

Miss W therefore contacted our free legal helpline for guidance on challenging the intestacy rules. Naomi recommended making a claim under the Inheritance (Provision for Family & Dependants) Act 1975 and agreed to work on a No Win, No Fee basis.

The Inheritance Act claim was successful. Naomi achieved an excellent settlement for Miss W whereby she received her parents’ house, together with payment of her legal costs. In return. she agreed to relinquish her entitlement to her share of the remaining parts of the estate.

Miss W faced five siblings as defendants, so this was an outstanding result for her, with not only her costs being paid in full but also receiving the property outright in settlement of her claim.

If you need guidance on challenging the intestacy rules or making an Inheritance Act claim, then our team of specialist inheritance dispute lawyers are here to help. We have nine qualified lawyers all specialising exclusively in inheritance disputes and are therefore genuine experts in this area of law.

To find out where you stand contact our free helpline on 0333 888 0407 or send an email to us at [email protected]

Challenging the intestacy rules