Inheritance act claims - The Cruise family case
There are many reasons why someone might contest a Will, but wills disputes are seldom easy to win. I’ve just had one of those rare occurrences, a relatively easy victory.
The court will generally recognise that people have the right to decide who to leave their estate to; so in general they are free to leave their belongings to whoever they choose. However, under the Inheritance (Provision for Family and Dependants) Act 1975 the law provides that if you were:
- A spouse or civil partner of the Deceased
- A former spouse or civil partner of the Deceased and have not re-married or formed a subsequent civil partnership
- Were a child of the Deceased, or were treated as a child of the Deceased
- Immediately before the death of the Deceased were being maintained by the Deceased
You are entitled to apply to the court on the grounds the will of the Deceased ( or intestacy rules if there was no will) does not provide reasonable financial provision for you.
This legislation seeks to avoid potential hardship or perceived injustice where someone dies and fails to make any or any reasonable provision for a close family member or dependant. In some European countries they go much further with forced heirship laws entitling family members to a certain minimum of the estate even if they are disinherited.
A family affair
Anyhow, Mr Cruise came to me in February of this year. His mother had died leaving him £10,000 from the estate while his brother and sister were left around £135,000 each. When Mr Cruise’s father died in 1997, he left the estate to his widow but the will provided that if his wife died first, the estate was left to the 3 children in equal parts.
Unfortunately, Mr Cruise did not enjoy a good relationship with his mother; apparently he reminded her of his late father! Over recent years, he had seen little of his mother and consequently his relationship with his brother and sister wasn’t that great either.
I began an Inheritance Act claim for Mr Cruise and argued that his mother had a moral and (under the Inheritance Act )a legal obligation to provide him with reasonable financial provision. He is 70 years of age and had paid towards the family home as an adult child, which should be recognised. In addition, he Cruise suffers from the same illness that his mother died from and unfortunately his wife is disabled and in need of care and financial provision.
Because of these factors, and possibly because the executors of the estate wanted to resolve matters without a lengthy dispute, I was able to negotiate a relatively quick and advantageous settlement on behalf of Mr Cruise. A Deed of Settlement and Variation was drafted to amend the Will and signed by all the parties involved. Mr Cruise is due to be paid within 7 days.
No sooner had this one settled than the very next day I heard from another client in very similar circumstances. I’m hoping this one goes the same way!
Find out more about Inheritance Act Disputes
