Inheritance Act claims by dependent partners: A real-life case study.
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In this real-life case study, leading contentious probate lawyer Naomi Ireson deals with the subject of Inheritance Act claims by dependent partners, and explains how she recovered a five-figure sum for a woman whose partner died, which she received in addition to money inherited under his Will
While Naomi’s client received a substantial sum under the terms of her partner’s Will, Naomi argued this was not sufficient provision for her and that she should receive extra funds. Naomi therefore made an Inheritance Act claim on behalf of her client.
The client was unable to bring an Inheritance Act claim as a cohabitee because she and the deceased maintained separate houses. However, Naomi was able to present evidence, in the form of bank statements and witness statements, that the couple were in an intimate relationship with one another. Furthermore she demonstrated that the deceased made regular payments to our client, which made her financially dependant upon him. This meant she was eligible to make a claim against his estate under the Inheritance Act as a person who had been maintained by the deceased immediately before his death.
The Inheritance Act claim was defended on the basis that the maintenance was simply a series of gifts, and the deceased had a number of girlfriends to whom he was known to be generous. The defendants also alleged that our client did not have a need for additional financial provision from the estate because she owned her own house and was working. The defendants therefore submitted that our client was not entitled to anything other than her legacy under the Will.
Despite this defence, Naomi was able to settle her client’s claim before court proceedings had to be issued, concluding it within nine months of being instructed.
As a result of the claim, the client received over six figures in total from the estate, including payment of her legal costs.
Naomi acted for her client on a no win, no fee basis, meaning that she did not have to pay any of her legal costs.
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