Claim for financial provision from estate by adult son

Our client was left almost nothing under his mother's will. The bulk of her estate (which was worth approximately £1.5 million when the proceeds of various life policies were taken into account) was left to our client's brother and his family.

Our client had had a motorcycle accident in his early twenties which had resulted in a mental disability. This had significantly limited his career in the City and his earning potential. When his mother died, he was in his late sixties and had not worked for 17 years after being made redundant. Our client's brother and his family were very wealthy by comparison and had no immediate financial need.

We issued proceedings for our client under the Inheritance (Family and Dependants) Act 1975 on the ground that reasonable financial provision had not been made for him. Of particular significance in considering our client's claim were the fact that he suffered from a mental disability, the beneficiaries of his mother's estate, namely his brother and his family, had no immediate financial need and the fact that the estate was fairly substantial.

The matter was successfully resolved following a mediation which resulted in a capital payment to our client from his mother's estate together with an income for life for our client and his wife.

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Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority under number 419867.

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