Thursfields have successfully brought a claim for additional financial provision on behalf of a widow under the Inheritance (Provision for Family and Dependants) Act 1975. The claim was defended by two of the widow’s children, one of whom was seeking additional provision for herself under the Act, and another of whom, as executor, was accused of misusing the estate’s capital.

Thursfields have managed the claim from the outset through to conclusion in the High Court, with judgment being delivered last week. The judgment included an order that the deceased husband’s will be amended so as to allow for a greater share in the matrimonial home for the claimant, to ensure the claimant had the security of a home for life. The judgment also included an order that the executor of the deceased’s estate return monies wrongfully paid out by him from the estate bank account, and that the opposing beneficiaries pay the Claimant’s costs of the litigation.

Stefania Fulford, Thursfields’ property specialist in our litigation and dispute resolution team, said that she was delighted to have secured such a positive outcome for her client. Stefania says “disputes are frequently resolved through mediation or other settlement negotiations, but for the few that end up in court for trial it is often so important for the parties to not only win, but to win a costs award in their favour as well. I am so pleased for my client to have secured this result for her”.

If you are concerned that you have not been adequately provided for under a loved one’s will, our team can advise on whether you might have a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Call Stefania on 01905 677057or email her at sfulford@thursfields.co.uk for an initial discussion.

 

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