Daughter wins inheritance claim against mother’s estate
Daughter wins inheritance claim against mother’s estate after her mother’s will was revoked by remarriage.
We have recently settled an inheritance claim made by a daughter against her mother’s estate after her mother’s will was automatically revoked by marriage.
The claim was made under the Inheritance (Provision for Family and Dependants) Act 1975, which enables children to claim provision from their parent’s estate where it is considered that reasonable financial provision has not been made for them.
Her late mother had previously made a will specifying that her property should pass to her two children upon the death of her partner. However, when the mother then married her partner, the marriage automatically revoked her will. The result was that when she subsequently died she was deemed as dying intestate (without a valid will) and her entire estate passed to her husband, with nothing going to her daughter or son as she had wanted.
Following negotiations, we managed to reach a settlement whereby the husband could remain living in the property for the rest of his life (he was an elderly gentleman) and upon his death, one third would pass to our client, one third to her brother and the remaining third to the step father’s beneficiaries.
This was an excellent result for our client. It secured her inheritance for her future and was an award similar to what she would have achieved at court. By settling out of court significant legal costs were avoided.
The case serves as a useful reminder that marriage can revoke a will, so it is important for newly married couples to review their estates and make up to date wills to prevent an inheritance dispute arising after the have passed away.