Woman left out of her father’s will awarded £138,000

By Jane Shaw Associate Solicitor in our Wills, Probate and Inheritance team.

A woman who was left nothing in her father’s will has been awarded more than £138,000 from his estate as a reasonable provision for her needs.

The woman, referred to in court only as the claimant, suffered from a debilitating mental illness.

Her father had died in 2016. His estate was valued at £554,000.  The claimant’s mother was the sole beneficiary. She was nearly 80 and lived in a care home.  She had extensive health problems and was worried about her ability to fund her care.

The claimant was aged 50.  Her illness meant that she was unable to support herself and her two children.  She depended on state benefits and uncertain financial support from her partner.  A psychiatrist stated that she was likely to need continuing weekly psychotherapy for up to three years, at which point she might be able to return to work.

The claimant sought provision from her father’s estate under the Inheritance (Provision for Family and Dependants) Act 1975 to enable her to buy a new home.  She currently lived in a rented flat, where she said she faced persistent low-level harassment from the landlord and his agents.

She also sought sums to pay for her continuing therapy, a replacement car and new white goods.  She further sought an income fund to meet the shortfall in her living expenses together with a sum to enable her to discharge her legal costs.

The High Court ruled in her favour. It held that her father’s will did not make reasonable financial provision for her, and it would be appropriate to make an award.

That award should be calculated by reference to what the claimant required to meet her current financial needs.  She would receive £138,918 to cover the cost of therapy and psychiatric oversight, her income shortfall for three years, replacing white goods and an upgrade of her car.

The judge held that awarding an additional sum for the cost of a new property would be wrong in principle.  Among other things, the priority was ensuring that the claimant’s mother, the beneficiary of the estate, was able to meet her care-home costs for the rest of her life.

Moreover, the claimant’s parents had had no financial responsibility for her for many years, and she had estranged herself from them.  The priority was for her to recover her health and to be properly financially supported over the three years that was likely to take.

Please contact our Wills, Probate and Inheritance team on 01228 516666 if you would like more information about the issues raised in this article or any aspect of wills and probate.