We regularly advise clients on potential claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”), including where they consider they have been unfairly provided for — or not provided for at all — under a deceased's Will or by the rules of intestacy.

We also have extensive experience in defending such claims where a disappointed beneficiary or third party may be attempting to challenge a Will and abuse the criteria set out in the 1975 Act, sometimes as part of a wider strategy in related proceedings. We advise personal representatives on their obligations when faced with such claims.

Experience

Acting for the executors of a substituted estate spread across several jurisdictions, multiple issues arose as a result of the late father’s Will for equalisation between his children and step-children, being the children of the deceased’s second wife. A dispute then also arose between the second wife and her children. As part of the dispute the second wife brought a claim against the estate under the 1975 Act. All was eventually resolved following mediation.
We acted for the defendant adult children in relation to the estate of their late father, where the claimant was his second wife. The claim was for over £1.6million out of the estate made up of multiple properties which had been left to our clients. The deceased had left a Letter of Wishes confirming that his wife was well provided for by his Will, but she issued a claim under the 1975 Act, which was ultimately withdrawn.
Acting for a widow in a potential claim by her step-children which was finalised on agreed terms at mediation.