The Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”) enables a child of the deceased to make a claim against his or her estate provided that they can show that they were financially dependent on the deceased and that the deceased did not make adequate provision for them in their will (or by an intestacy).
For most ordinary folk (me included) the cash value of their personal belongings ('chattels') is modest and will form but a tiny part of the overall value of an estate on death. But the sentimental value of specific items to individual family members, and the legal fees they might be prepared to spend haggling over who gets what, can be massive and wholly disproportionate.
On 13 June the High Court handed down judgment in the case of Gupta v Aggrawala and others, a claim brought by Rakesh Gupta who alleged that his late mother’s will (which favoured Rakesh’s younger brother, Naresh) was invalid due to lack of knowledge and approval. Kingsley Napley acted for Naresh in successfully defending the claim, with the Judge concluding that Rakesh had not shown any suspicious circumstances at all in relation to the testatrix’s knowledge and approval of the will.