Claiming against an estate

Family Court at Canterbury

John was asked to advise the proposed Claimant in a potential claim against the proposed Defendants regarding the estate of the deceased. The deceased held a property portfolio with a value of £2m and the proposed Defendant ex-spouse of the deceased sought to administer the entire estate, having historically dealt with much of the administration of the portfolio.

This was a borderline case, and it was essential that the prospects of success were high enough to justify a claim.

John’s client, the Claimant, sought to argue that she and her children should be provided for from the estate, under the Inheritance Act, on the basis of need and having been at least partially dependant on the deceased for the past 2 years.

Having explored the relevant case law in detail, John recommended starting a claim, which later went to court and was won by the Claimant.