Defending a 1975 Act Claim for a Spouse

Our client’s husband of 40 years sadly died soon after being diagnosed with a terminal condition. Before his death, he had made a will for the benefit of his wife and adult children, with an additional monetary gift for his adult son from another relationship. Our client faced a claim from her husband’s son (the claimant) for a bigger share of the estate under the 1975 Act. The claimant alleged that he required extra provision for accommodation and university fees, as he was studying to become a doctor. Most of the estate’s value was in the family home and our client faced having to sell her home if the claimant’s claim was successful.

At a mediation we negotiated a settlement in the form of a modest payment to the claimant, to be spread over several years, and at a small fraction of the sum he originally claimed. This allowed our client to stay in the family home and receive the majority of the estate, as her husband had intended.

Contact the team that helped on this case:

+44 (0)20 7814 1200

enquiries@kingsleynapley.co.uk

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