Claims Against an Individuals Estate.

In the wake of the landmark case Ilott v Mitson (later cited as Ilott v The Blue Cross and others) in 2017, the recent case of McDaniel v Talbot has once again brought the matter of estate claims to the forefront of the legal headlines.

Case Digest

The most recent case centred around the testator (Mark Talbot) who died in 2022 and left an estate worth £1. 57m to his wife (Rosemary Talbot). In his will, he left a specific non-provision clause relating to his daughter (Emma McDaniel) from whom he was estranged at the time. However, the testator and his daughter reconciled in 2019 and enjoyed a good relationship prior to his death.

In the event of the death of her father, Emma made a claim against his estate under the Inheritance (Provision for Family and Dependants) Act 1975.

Ultimately, Emma was awarded £123,418 from the estate, based upon a multitude of factors; including her extensive caring obligations (for her two minor sons with severe learning and physical disabilities, her paternal grandmother and her father prior to his death), which affected her earning capacity; her own ill health and the close bond enjoyed by father and daughter in the years before his death, overriding the reasons for her initial disinheritance as stated in the non-provision clause. By contrast, Rosemary Talbot had sufficient income and capital assets to remain comfortably provided for, for the remainder of her lifetime, even with an award being made to Emma from the estate.

The court recognised that this finding was a ‘rare’ one. However, it displays the complexities of this area of law, which is expanded upon further below.

Background

In England and Wales, any person preparing a will (‘the testator’) has testamentary freedom or, in simple language, the ability to leave their estate to whomsoever they choose on death. However, on the death of the testator, it is also possible for certain people to make claims against the estate.

Whilst a claimant would not necessarily receive any provision from the deceased’s estate in the event of such a claim, they cannot be prevented from making a claim. This could ultimately involve costly and protracted court proceedings, which would need to be defended by the executors of the deceased’s estate.

Set out below are some of the most common avenues for claim. Whilst these are set out in turn for examination, often one or more of the below claims are made in conjunction.

1. The Inheritance (Provision for Family and Dependants) Act 1975 (‘the 1975 Act’)

Under the 1975 Act, certain classes of people can claim against the estate, on the basis that ‘reasonable financial provision’ was not made for them under the terms of the will of the deceased.

Amongst the classes of people with an avenue for claim are:-

• The deceased’s surviving spouse or civil partner;
• The former spouse or civil partner of the deceased, who has not subsequently remarried or entered into a civil partnership;
• Any person who was cohabiting with the deceased in the two years prior to death, as if they were a spouse or civil partner;
• The child of the deceased, including a child treated by the deceased as a child of the family (i.e. a step-child); and
• Any person being maintained by the deceased immediately before their death.

2. Testamentary Capacity

A claim can be made against an estate on the basis that the testator did not have the requisite mental capacity to make a will. Thus, the will is invalid.

3. Undue Influence

A claim can also be made against an estate on the basis that the testator was put under significant pressure to prepare their will based upon the desires of the person exerting the pressure, and thus the will did not reflect the testator’s true wishes at the time of preparing and signing the will.

4. Lack of Knowledge and Approval

This claim can be made against the estate on the basis that the client did not understand the contents of their will at the time of signing.

What can we do?

Our friendly, supportive and non-judgemental Private Client Team are understanding of the complexity of family dynamics, and the challenges that can arise when preparing your will.

We can provide advice and prepare documentation relating to foreseeable claims against your estate, with a view to safeguarding the position for your chosen beneficiaries, so far as possible, in the event of your death.