Nockolds Resources

Two bites of the cherry: claiming against a will and an estate

This week saw a successful appeal in the case of Pinnock v Rochester which confirmed that a Claimant may make a claim for financial provision from an Estate under the Inheritance (Provision for Family and Dependents) Act 1975; and also launch a separate claim to challenge the validity of the Will.  Many past claimants have probably been under the misapprehension that they could only choose to make one of the claims but not the other.
 
Mr Pinnock first made a claim against his late father’s Estate for reasonable financial provision under the 1975 Act on the basis that his father’s Will did not adequately provide for his needs.  Mr Pinnock received £28,000.  He then began a claim to challenge the validity of his father’s Will.  The validity claim was defended on the basis that a Claimant must choose either a claim for reasonable provision under the 1975 Act, or challenge the validity of the Will, but not both.  This argument was accepted by the Court of first instance and it was held that by claiming under the 1975 Act Mr Pinnock had affirmed the validity of the Will and could not then challenge it.

This decision was reversed on appeal and it has been confirmed that it is quite acceptable to make both claims.  In the future potential claimants should be careful to consider all their options and not rule out running more than one claim provided there are sufficient grounds and it is tactically advantageous.

Please feel free to contact me for advice on any contentious probate issues.

 

Daniel Winter (profile) Daniel Winter Friday 18th November 2011
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