The recent case of Howe v Howe is a prime example of the delicate nature of claims made under the Inheritance (Provision for Family and Dependants) Act 1975. As with many inheritance disputes, the outcome depended heavily on the specific circumstances of the matter. This case demonstrates the wide-ranging powers of the court to make awards to estranged children even when it is clear the testator’s intentions were to exclude a child from their will.
The Claimant in this case was an adult child who was estranged from their late father, Roger Howe (the Deceased). The Deceased’s last will provided for his estate to pass to his mother, sister and two nephews. The Claimant was the Deceased’s only child. The Deceased referred to the Claimant as “lazy” and disapproved of the Claimant’s use of drugs.
The Claimant originally advanced a probate claim against the validity of the last will on the basis of forgery but withdrew her claim and was ordered to pay costs.
Under the 1975 Act claim, the Claimant argued that the emotional abuse and neglect she had been subject to by the Deceased had caused long-term mental health issues, including bulimia, drug addiction and body image issues, all of which she claimed left her unable to work. The Claimant sought provision from the estate of £450,000 for her maintenance.
The court held that the will failed to make reasonable financial provision for the Claimant and awarded her £125,000 (from the net estate worth approximately £1.4m) to enable her to pay off debts, buy a car, pay for therapy, cosmetic surgery and provide a weekly income for 10 years. The Claimant was also awarded £42,000 (included in the £125,000 sum) to enable her to pay the costs relating to the probate claim.
This case serves as a useful reminder as to the fact specific nature of claims under the 1975 Act and the wide-ranging powers of the courts to vary the disposition of estates.
It also highlights the court’s willingness to override a testator’s wishes where there is evidence of unmet financial need, even in cases involving estrangement. It reinforces that adult children, despite being excluded from a will, may still have a viable claim under the 1975 Act.
If you would like any advice in relation to making or defending a claim under the 1975 Act, please do not hesitate to get in touch with one of our Contentious Wills, Trusts and Estate specialists today.
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Disclaimer
This information is intended for general informational purposes only and does not constitute legal advice. We recommend seeking professional advice before taking any action on the information provided. If you would like to discuss your specific circumstances, please feel free to contact us on 0800 2800 421.
