In the recent court case of Howe v Howe, Jenna Howe made a claim against her late father’s estate under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Inheritance Act”), having been deliberately excluded from his Will.
The Inheritance Act allows certain categories of people to bring a claim against an estate for “reasonable financial provision” where they feel this has not been made. Those entitled to bring a claim include:
- Spouses
- Civil partners
- Co-habiting partners of at least two years
- People financially maintained by the deceased, and
- Both adult and minor children (including those who were not biological children but were treated as a “child of the family”)
In making a decision, the court considers various factors including the parties’ respective financial positions and needs, obligations owed by the deceased, the size and nature of the estate, any physical or mental disability affecting the claimant and/or beneficiary of the estate, and any other relevant matter which (to an extent) includes the conduct of those involved.
Volatile Relationship
The court heard that Jenna and her father, Roger Howe, had a strained and volatile relationship, particularly during Jemma’s upbringing. They were estranged from one another, and Roger is said to have specifically stated that he did not wish for Jenna to receive any inheritance from his estate.
Jenna, who is 37 years old, successfully argued that she needed provision to be able to afford to address a shortfall between her income and outgoings, pay off her debts, purchase essential items such as a car, and fund her health needs which impacted her ability to work, including provision for therapy and breast implants.
Settlement
Jenna was awarded £125,000 from her father’s £1.4 million estate, with the sum being placed in trust to ensure it was used responsibly and protected her future interests. This figure also factored in a costs order which was previously made against Jenna when she had unsuccessfully tried to contest the validity of her father’s Will.
Claims under the Inheritance Act must be issued in court within 6 months of the date that the Grant of Probate or Letters of Administration issues in the estate, therefore it is important to act as quickly as possible in seeking legal advice.
Taylor Emmet’s Inheritance, Wills and Trusts Disputes team frequently acts on behalf of those bringing claims for provision under the Inheritance Act and have a proven track record of doing so successfully. If you have been excluded from a Will, have not been left enough to meet your needs, and/or feel that you have been unfairly treated, please contact us to see how we can support you.