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Extra provision from a deceased parent’s estate

Reading a will

Reviewing a willWe have previously commented on the case of Ilot v Mitson and the additional hope that appeared to offer to children seeking additional provision from a deceased’s parent’s estate under the Inheritance (Provision for Family and Dependants) act 1975.

To support a claim, a genuine financial need together with quality evidence are needed

However, the recent case of Ames v Jones and Others is a stark reminder to adult children of both the need to show they have a genuine financial need for additional provision and also the quality of the evidence required to support such a claim.

In the case of Ames, a daughter brought a claim for provision after her father left his entire estate to his second wife on his death. The daughter had been provided with some support from her father during his lifetime and he had given her a business and capital to run it, along with employing her for a period of time. The Judge found they had neither a particularly good or particularly bad relationship.

Daughter’s claim dismissed

The daughter’s claim was dismissed on the basis that her alleged financial need arose out of her not working, which was entirely her decision and a “lifestyle choice”. The Judge found there was also little evidence put forward by the daughter to support her claim that she had financial needs and due to the poor quality of her evidence, he was unable to fully  assess her financial needs in any event.

The Judge also found that the deceased’s wife had been able to successfully show that should her inheritance be reduced by way of an award to the daughter, she would not be able to cope financially.

The daughter’s claim was therefore dismissed.

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