• Posted

We represented the main beneficiary in a claim against her under the Inheritance (Provision for Family & Dependants) Act 1975. The claim related to the estate of her late partner and was made by the child of the deceased, via his mother (ex-partner of the deceased) as litigation friend.

Significant animosity and mistrust gave rise to hostility between the present partner and ex-partner of the deceased.

It was important to the client to preserve to the maximum possible extent her interest in the estate and also her separate interest under a life policy.  During court proceedings, the claimant also sought to challenge on technical grounds that the life policy formed part of the net estate and was capable of being targeted by the 1975 Act claim.  We successfully defeated this argument and the claim against the remainder of the assets ultimately settled via mediation avoiding the costs of trial. The settlement was approved by the court as the claimant is a minor.

Client commented

 “I just wanted to drop you a short note by way of a personal thank you. I know it’s your job, but there are many ways to do a job and I appreciate the care and consideration you showed to (client) at your meeting yesterday. She was very anxious and upset prior to the meeting but came out feeling more buoyant and comfortable with the situation and the agreed next steps. You really made a difference to her during this very difficult time. Thank you.”

Matter value: £245,000 estate and life policy