Contentious trusts and probate case study: Contested Probate

Claim Under the Inheritance (Provision for Family & Dependants) Act 1975

The deceased died in July 2018. Letters of Administration were granted in favour of the defendant in December 2018. Under the rules of intestacy, the claimant, our insured, received no benefit. Read on to find what has been taking place.

The claimant was the long-term cohabiting partner of the deceased and argues they are entitled to bring under a claim to seek an order under S.2 for reasonable financial provision under S.1 (1) (ba) or 1(1)(e) of the Inheritance (Provision for Family & Dependants) Act 1975.

The claimant was the deceased’s fiancé and first met the deceased 15 years ago.  They went on holiday together.  In 2007 the deceased bought the claimant an engagement ring and proposed marriage – the claimant was engaged for 11½ years, having co-habited with him for eight of those years.

In 2010, the deceased collapsed and was diagnosed with Atrial Fibrillation and Hypertension – he was very weak and required a lot of care.  The claimant gave up her Fine Arts degree to care for him and she says this limited her earning potential.

During 2015, they looked at buying a house so that they could live together. In 2017, the deceased was diagnosed as suffering from Motor Neurone Disease and then diagnosed with Rapid Progressive Motor Neurone Disease – with an estimate of two years to live.  The deceased’s health continued to deteriorate.

In December 2017, the deceased was admitted to hospital.  When he left, he had become totally paralysed and his care needs had increased considerably. By June 2018, the deceased went into a care home temporarily, but that closed down and the deceased sought to return home, where he subsequently died.

Underwriters were asked to consider insurance cover. The claim was assessed, and a quote was provided within 10 days. The matter is now on cover and still proceeds.

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