Mrs K brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 on the basis that the Will of her late mother, Mrs H, 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 step father, Mr H.
Mrs H 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. The rest of her assets were jointly owned and 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.
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, in view of Mr H’s wealth, he offered to settle Mrs K’s Inheritance Act claim and paid her legal costs.
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