Unsolicited telephone calls misusing our name - We do not nuisance cold call - Read More

Have a question? Call us on

0800 1979 345
Blog
Testimonials
Testimonials

Estranged daughter awarded £30k in will dispute

A woman has been awarded £30,000 from her father’s estate despite him expressing the fact that he had disowned his children in his will.

The daughter, who was one of three children was awarded the money from her father’s £240,000 estate under the Inheritance (Provision for Family and Dependants) Act 1975.

In his ruling, the presiding judge said the woman should be granted the £30,000 as maintenance as she wanted to complete a veterinary course.

The second sibling was awarded £22,000 due to his inability to work through ill-health whilst the third sibling made no claim.

The case centred on reasonable financial provision highlighted in the Supreme Court’s ruling in Ilot v The Blue Cross and Ors earlier in 2017.

A legal representative involved with the case said: “the award was 11.3% of the estate which is very similar to that in the Ilott case (within 1%). There was specific mention of her wanting to do a veterinary course so this is an example of something that falls under the definition of “maintenance” post-Ilott. This means that estranged child claims are not dead in the water but suggests that any claimants will need to show a track record of reconciliation attempts in order for the Judges to consider their views.’

In his ruling, the judge wrote: ‘£30,000 is my best estimate of the capitalised cost of maintenance for a reasonable time going forward to take into account the possibility, albeit contingent, of the claimant undertaking a course which ultimately results in her becoming a veterinary nurse.’

Do you have your Will in place?

At Thorneycroft Solicitors, our expert team of Wills, Trust and Probate solicitors have earned a reputation for providing a professional and sympathetic approach to all your estate planning affairs. We understand the complexities that can arise when writing a Will which is why our Wills solicitors take the time to understand your specific circumstances and the importance of safeguarding the financial security of your family. Our team is led by a member of STEP (Society of Trust and Estate Practitioners) who has over 20 years experience in drafting Wills.

For more information on how we can help you please call us for free on 0800 1979 345 or fill out our simple enquiry form and a member of our team will get back to you at a time that suits you