Will Disputes - Left out of an Inheritance?
The family dispute between three of the daughters of the disgraced Tory MP Lord Anthony Lambton and their brother, Edward over their late father’s estate has, this week, ended up in the High Court.
The sisters are battling it out for a share of their late father’s fortune. When he died aged 84 in 2006 he left his millions to his only son, Edward following an ancient British tradition. He did not leave a single penny of his estate to his five daughters.
The case is unusual because the sisters are arguing that their claim should fall under the jurisdiction of the Italian courts, the country in which their father lived for the 30 years before he died. In Italy, along with much of Europe, the law dictates that a parent must leave a share of their estate to each of their children which places the women in a strong position. There is no such statutory provision in English law.
The Inheritance (Provision for Family and Dependants) Act 1975
However, even if Edward gets his way and the case is heard in Britain, this will not be the last we hear of the dispute. The sisters may well have a valid claim in the UK under the Inheritance (Provision for Family and Dependants) Act 1975. The Act allows for certain categories of people, including children, to make a claim under a Will or intestacy where they have not been left a reasonable financial provision. The women may be able to successfully argue that they deserve a reasonable provision for their maintenance. The court is likely to have regard to the financial circumstances of all those involved and any special or moral circumstances in the case.
So, in effect, this may be just round 1 of the Lambton wills dispute case.
Here at Redress Law, we specialise in contested Wills and probate, particularly Inheritance disputes. Time limits apply so if you want advice you need to act quickly
