Challenging your mother’s Will
For expert guidance on challenging your mother’s Will contact our free legal helpline on 0333 888 0407 or send an email to us at [email protected]
Our client, Mrs K, brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 on the basis that her late mother’s Will failed to make reasonable financial provision for her.
Mrs K received nothing under her mother’s Will as the entire estate, via a nil-band discretionary trust, passed to her stepfather, Mr H.
Her late mother had won over one and a half million pounds on the national lottery. However, she had invested the majority of her winnings in joint property and investments with Mr H. This meant that although she was a very wealthy lady, her sole assets and estate were only worth £112,354.00 The rest of her assets were jointly owned and automatically passed to Mr H by the legal principle known as ‘survivorship’.
Mrs K came to us for advice and we brought a claim on her behalf against her mother’s estate under the 1975 Inheritance Act, dealing with the case on a no win, no fee basis.
Mrs K and her husband were not in a position of acute financial hardship. Their need for money from the estate was not pressing and both had the capacity to earn a living. Nevertheless, she had a valid claim under the Act given the extent of Mr H’s wealth. Following a period of negotiation an out of court settlement of Mrs K’s Inheritance Act claim was reached, with her legal costs being paid in addition.
If you would like to challenge your mother’s Will or make an Inheritance Act claim against any other estate then you can email us at [email protected] for FREE initial guidance. Alternatively you can telephone one of our inheritance disputes lawyers on freephone 0333 888 0407.