A recent case in the high court saw two children obtain a legacy from their father’s estate when they had been disinherited.  The case resulted in a landmark ruling that may have implications for people who feel they have not been adequately provided for in the Will of a once close relative.

If you have been surprised or disappointed by the provisions made for you in a Will then drop us a line and Andrew Leakey, one of our empathetic contentious probate specialists, can help you to get to grips with where you stand.

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Here’s how this particular story played out…

Years ago, the father and mother, of the children bringing this case, divorced at which point the father was ordered to pay child maintenance.  He never paid, and the children’s mother stopped pursuing him for the support.  Essentially, from that point the mother and children had no relationship with the father.

Fast forward and the father dies, leaving substantial assets in his Will to his new family but making no provision for his birth children.

Following the father’s death, the children sought to make a claim against his estate, under the Inheritance Provision for Family and Dependants Act 1975.  They made this claim, arguing that their father’s Will did not make reasonable provision for his birth children.

The father’s estate defended the claim on the basis the mother had not pursued him for the maintenance payments years earlier.  On this basis, it was claimed he did not have a duty to provide for his birth children in his Will, as he had not provided for them in the past.  The arguments made by the estate of the father were rejected with the high court judge commenting… “They (the birth children) were entitled to provisions and the fact that their mother did not pursue maintenance, did not mean that it was reasonable for them not to receive a provision under the Will”.

What can you do if you’re in this situation?

Whilst all cases turn on their own facts, the fact that these children did not have a recent relationship with their father, and the fact that he did not pay maintenance following his divorcing their mum years ago, did not prevent them from successfully bringing a claim.  

If you are in a similar situation to these children and are looking to challenge a Will or the way the Will of a close relative is being administered, there are steps that you can take to claim what is rightfully yours.

If you would like to find out more, you can call us, free, on 0151 282 1700 and see where you stand.