An Adult Child’s Claim (Mother)

We acted for a client whose mother passed away and her Will left her estate to be shared equally between our client and his two sisters. Our client had lived with his mother all of his life and had been her carer during the latter stages of her life. He had understood his mother to have made a Will some time ago leaving the house to him, but she had in fact since changed her Will instead leaving her estate, including the house he had lived in with her for over 60 years, to be shared between all her children.

The terms of the Will meant that our client faced losing his home and, with the prospect of only a small sum in inheritance, he would not be able to afford to buy himself a new home. His age and health precluded him from earning a living and therefore getting a mortgage to help pay for a new home. He faced his retirement years living in poverty and expensive rented accommodation.

Jordans Solicitors expert inheritance claims solicitors issued a claim for our client under the Inheritance (Financial Provision for Family and Dependents) Act 1975 arguing that our client had a financial need for a greater share of the estate and that it was unfair for the estate to be shared equally with his two siblings.

The case settled by agreement before the final court hearing which saw the house being transferred to our client allowing him to live in the property for the rest of his life. Part of the compromise reached with the siblings was that upon a future sale of the property they (or their estates on their behalf) would receive a third share each of the sale proceeds.

This case highlighted that it is possible to reach a compromise to an Inheritance Act claim by thinking practically about the situation and ensuring that the assets in the estate, in this case the house, benefitted as many family members as possible. Our client received his wish to continue to live in the house for as long as he could continue to do so independently, and the siblings knew they would eventually receive a third share of the proceeds of sale (and hopefully the value of the property would increase in the meantime) which their own children would benefit from in due course.