Claim By Adult Child Under Inheritance (Provision for Family and Dependants) Act 1975
Daniel Winter acted in a successful claim for an adult child for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
Daniel was instructed by Mrs A, the daughter of the deceased to whom one third of the estate had already been left by her mother, with a further one third to each of her two siblings. Mrs A had given up a career in order to move in and care for her mother, with her family also making sacrifices in order to be there for their elderly relative.
During this period, by way of comparison, Mrs A’s two siblings who had not taken on the burden of caring for their mother went on to buy their own houses whereas Mrs A and her family missed out on getting on the housing ladder.
Added complexities in this case were that Mrs A came to us for advice after the six month limitation period had already expired.
Nevertheless, through following a robust strategy developed by Daniel at the outset, the claim was successful at mediation whereby Daniel negotiated a significant and substantial financial provision for Mrs A in addition to the one-third of the estate already left to the client.