Specialist inheritance dispute lawyer, Naomi Ireson, looks at claiming your inheritance from an abuser.
Our specialist inheritance disputes team is often approached by people who want to claim an inheritance from an abuser who has passed away, by bringing a legal action against the abuser’s estate. Sadly, abusers are often a family member and frequently a parent. The abuse which the victim has suffered usually leads to them becoming estranged from their parents and as a result, being disinherited from their estate.
When this happens, all is not lost. The Inheritance (Provision for Family & Dependants) Act 1975 enables children (including adult children) to bring a claim against their parent’s estate if they have not received reasonable financial provision. The Act sets out various factors which the court will take into consideration. This includes any abuse that has been suffered. The court will consider physical and sexual abuse suffered by a child or family member as relevant to their case against an estate when an Inheritance Act claim is made. This is particularly so where the abuse had a profound effect on their adult lives and had far-reaching consequences, not only for their relationship with the deceased parent, but also their ability to fulfil their earning and career potential.
When claiming your inheritance from an abuser, a psychiatric assessment may be required to establish a link between the abuse you have suffered and the financial impact it has had on your life. Our specialist lawyers are skilled at building and presenting inheritance claims and can obtain assessments in support of your case from suitable expert witnesses.
We have helped many adult children who have been abused by their parents, subsequently becoming estranged and disinherited. The claimants in these cases all received a significant settlement sum under the Inheritance Act, together with payment towards their legal costs.
We can also assist in making an Inheritance Act claim if you were married to the abuser.
If you are not eligible to make a claim against your abuser under the Inheritance Act then there may be other legal steps you can take to achieve justice, such as making a civil claim against the abuser or their estate. We have a team of lawyers who deal with abuse compensation claims and have our own specialist website containing lots of useful information which you can visit here.
For further guidance on claiming your inheritance from an abuser, along with details of our popular NoWin, No Fee funding scheme contact our free legal helpline.