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Our Case Studies

Inheritance Act Claim

Our Contentious Probate Team has recently settled a claim brought under the Inheritance Act 1975. Kevin Wigley and Tim Watson acted on behalf of two sons and three daughters of Mrs W in defending a claim brought by Mr G

Mrs W and Mr G were in a relationship. In her Will, Mrs W gave a life interest in their jointly owned home to Mr G. This meant that on her death, Mr G would be able to remain in the property for the remainder of his life. However, before Mrs W died the property was sold and the proceeds of sale split equally between Mrs W and Mr G. Mrs W bought a subsequent property in which she lived with Mr G. Mrs W then died without amending her Will. This meant the life interest in Mr G’s favour in the previous property failed and Mr G was not provided for at all in Mrs W’s Will.

Mr G brought a claim under the Inheritance Act 1975 on the basis that Mrs W’s Will did not give him reasonable financial provision. Our Contentious Probate Team took over the claim from a previous firm of solicitors instructed by Mrs W’s family. The claim was settled by Kevin Wigley at a mediation appointment on terms which secured the assets of Mrs W’s estate, which would ultimately pass to her family on Mr G’s death.


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