1975 inheritance act claim – securing an entire estate for child

09 January 2024

Miss A, who lives in London, instructed Joseph Martin, an associate solicitor specialising in contested will cases, to represent her niece (“F”) following the passing of her niece’s late father.

The deceased was married Mrs W, who was not F’s mother. The deceased did not have a will in place meaning Mrs W inherited the entirety of the deceased’s estate in accordance with the intestacy rules, leaving F with nothing.

Joseph advised Miss A that by reason of F’s age, financial position and the obligations and responsibilities that the deceased had towards her, F had strong prospects of obtaining financial provision from the estate under the Inheritance Act 1975.

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"An Act to make fresh provision for empowering the court to make orders for the making out of the estate of a deceased person of provision for the spouse, former spouse, child, child of the family or dependant of that person; and for matters connected therewith."


Inheritance (Provision for Family and Dependants) Act 1975

12th November 1975

Joseph acted promptly by placing Mrs W (who by that time had obtained the Grant in the estate) on notice of F’s intention to bring a claim under the inheritance Act and was able to negotiate favourable terms of settlement that saw F benefit from the entire estate. By reason of F being a child, it was necessary to make an application to court seeking the approval of the settlement.

“This is a case I am particularly proud of as we have managed to secure the best possible outcome for F without having to issue proceedings” says Joseph Martin.

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