Case Study: Adult child secures substantial settlement in Inheritance Act claim

The claim

After she was excluded from her late mother’s will, we acted for our client in a highly sensitive and emotionally charged inheritance dispute. Despite being the deceased’s only child, our client was left with no provision from the estate. Instead, the deceased’s entire estate passed to her three stepchildren, who subsequently instructed solicitors to defend our client’s claim.

Our client was in a vulnerable financial position. She had limited income and resources, struggled to meet her day-to-day living expenses and faced an uncertain financial future. To help her pursue a claim, we acted under a Conditional Fee Agreement.

A complex family situation

The relationship between our client and the deceased had been difficult for many years. Our client had experienced physical and emotional abuse during her childhood and early adulthood, which had a significant and lasting impact on her mental health, self-esteem and life opportunities. As a result, the relationship was marked by periods of estrangement and a lack of support during times of personal and financial hardship.

However, before the deceased’s death, mother and daughter had reconciled and during this time, our client became the deceased’s primary carer. The history of the relationship, together with our client’s financial circumstances and ongoing vulnerabilities, formed an important part of the claim.

Bringing a claim under the Inheritance Act 1975

We advised our client on pursuing a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which allows certain individuals to seek financial provision from an estate where reasonable provision has not been made for them.

We gathered detailed evidence regarding our client’s financial circumstances, her relationship with the deceased and the wider family background. Despite strong opposition from the beneficiaries, we pursued the claim proactively while remaining focused on securing an early resolution if possible.

Although the beneficiaries were initially reluctant to engage in Alternative Dispute Resolution, we continued to advocate for mediation as a constructive way of resolving the dispute without the need for contested court proceedings.

The outcome

Following mediation, the dispute was successfully resolved in our client’s favour. The settlement resulted in our client receiving a substantial lump-sum payment from the estate and we also secured recovery of her legal costs.

Importantly, the matter was resolved without the need for a trial, sparing our client the additional stress, delay and expense often associated with contested court proceedings.

How we helped

This case demonstrates that successful Inheritance Act claims can be brought even where an estate is of modest value and the claim is strongly defended. By taking a determined yet pragmatic approach, we were able to secure a positive outcome that will significantly improve our client’s long-term financial security.

If you have been excluded from a will or believe inadequate provision has been made for you from an estate, our Inheritance and trusts disputes team can advise you on your options and whether you may be eligible to bring a claim. Please get in touch.

Our Legal 500-rated inheritance & trusts disputes team offer friendly but practical advice for what can be a complex area of law.