Case Study: Forbes Solicitors Secures Early Settlement in Inheritance Act Claim

Our client, the deceased's only child and sole beneficiary of his intestate estate, was facing a substantial claim that threatened to significantly deplete her inheritance.

Through meticulous preparation and robust legal arguments, Tom Howcroft, a Partner and joint head of the Contentious Trusts and Probate department, and Laura Rae, a solicitor, successfully brought a resolution to the claim. The team at Forbes have a strong understanding of the 1975 Act and extensive experience in mediating these claims for both Claimants and Defendants. In this case, they were able to secure a favourable settlement for our client at an early stage, thereby avoiding the stress and significant costs associated with court proceedings.

This case study demonstrates Forbes Solicitors' specialist ability to effectively defend against such claims, protect our clients' interests, and achieve pragmatic, commercially sensible resolutions.

Background of the dispute

The case sadly concerned an estate where the Deceased had died suddenly and without a Will in his early 50’s. He was survived by his daughter ("the Defendant"), who was in her early 20’s and a university student. Under the rules of intestacy, she was the sole beneficiary of his estate.

The Deceased had been in a relationship with the Claimant prior to his death and shortly before his death the Deceased and the Claimant had purchased a property together.

The Claimant's position

The Claimant brought a claim for "reasonable financial provision" from the Deceased's estate under the 1975 Act, on the basis that she was being maintained by him immediately prior to his death. Her legal team argued that she had a clear financial need and had been left in a precarious position.

Key arguments advanced by the Claimant included:

• She had given up her secure, mortgage-free home and her job based on the Deceased's assurances of financial support.

• She had a disabled son who required significant care, limiting her ability to work.

• She needed to remain in the jointly owned property to be near her support network, which was essential for her son’s care.

• She had an income shortfall and required a capital sum to provide for her maintenance for the foreseeable future, arguing that the informal agreement to make Wills leaving each other a life interest in the property supported this.

The Claimant’s initial offer sought the entirety of the Deceased’s share in the property, a life policy and one of his pensions. This would have left our client, the sole beneficiary, with a significantly reduced inheritance.

Our approach

Acting for the Defendant, Forbes Solicitors put forward a robust defence. Alongside this they took the time to understand their client’s position and to understand the relationship between the parties. Our primary objective was to protect our client's position as the rightful beneficiary and to scrutinise the merits and quantum of the claim.

The position put forward for the Defendant focused on the following:

• Limited period of cohabitation and dependency: We emphasised that the period of cohabitation and alleged financial dependency was extremely short. We argued that under the legal principles established in cases like Baynes v Hedger, this short period did not demonstrate the "assumed responsibility" required to justify a substantial maintenance award from the estate.

• Challenging the claim of financial hardship: We conducted a detailed analysis of the Claimant's financial disclosure, which undermined her portrayal of immediate financial vulnerability. We argued this demonstrated that her financial situation was not as dire as presented.

• Highlighting the Defendant's competing needs: in line with the considerations under the 1975 Act, a crucial part of the defence was to articulate our client’s own significant financial needs, in particular setting out what she required and intended on utilising the funds for now and for the future.

A successful resolution through mediation

Our comprehensive preparation and strong legal arguments placed our client in a powerful negotiating position heading into mediation. By presenting a clear and evidence-based case that the Claimant's claim was weak and her expectations unrealistic, we created a situation where the risks and costs of proceeding to a final court hearing became a significant factor for the Claimant.

The matter was successfully settled at mediation on favourable terms to our client. The settlement avoided the uncertainty of a trial and ensured that the Defendant retained the vast majority of her inheritance, providing her with the financial security to complete her studies and begin her career. The outcome exhibits the team’s ability to combine strong legal analysis with a pragmatic and strategic approach to dispute resolution.

This case serves as a powerful example of how specialist legal advice can be instrumental in defending claims against an estate. By acting decisively and preparing thoroughly, Forbes Solicitors protected our client's inheritance and brought the dispute to a swift and successful conclusion.

How Forbes Solicitors Can Help

Our specialist Contentious Probate team advises clients on a wide range of inheritance disputes, including claims under the Inheritance Act 1975, adult child claims, and cases involving disabled dependants or vulnerable beneficiaries.

If you believe you have been unfairly excluded from a Will, we can help you assess your options and the strength of any potential claim. For more information or to arrange a consultation call 0800 689 3607 to speak with a member of our team.