Claim by Wife under the Inheritance (Provision for Family and Dependants) Act 1975

Case study of an Inheritance Act claim handled by Slee Blackwell Solicitors.

We represented Mrs H in an Inheritance Act claim against her late husband’s estate.

The estate was, in legal terms, fairly modest and valued in the region of £50,000 - £70,000. The only asset was the marital home which was owned by the deceased husband in his sole name.

The case was complicated by the fact that Mrs H and her husband never lived in one household. They also discussed getting a divorce shortly before he died.

The deceased changed his Will to exclude his wife, Mrs H, leaving everything to his sister.

Mrs H’s case was funded by Legal Aid. Court proceedings were issued under the Inheritance (Provision for Family and Dependants) Act 1975.

The claim settled very shortly before trial. All the parties were aware that a prolonged dispute would diminisht the assets in the estate and that it was in no one's best interests for there to be a lengthy court action.

A settlement was eventually reached on the basis that the marital home would be transferred to Mrs H with Mrs H, n exchange, paying a lump sum to the defendant.

If your late husband or wife has failed to make reasonable provision for you in their Will, please do not hesitate to contact us on 01823 354545 for a freecase assessment, or email naomi.ireson@sleeblackwell.co.uk