Acting for a disabled child in relation to her late mother’s Estate

We acted for a disabled child in relation to her late mother’s Estate.

Our client’s mother died leaving her Estate split between two of her children. Our client was mentally disabled and was cared for by her late mother. As the Deceased’s Will provided for a payment to be made outright to our client, our client lost her entitlement to means-tested benefits the effect of which would mean that our client’s inheritance would be eroded relatively quickly.

Our client was entitled to claim under section 1(1)(c) of the Inheritance (Provision for Family and Dependants) Act 1975 on the basis that she was the adult child of the Deceased and also under section 1(1)(e), that she was financially dependent on the Deceased.  The claim was successfully concluded by way of negotiation with our client receiving a lump sum ‘top-up’ payment from the Estate to be held on Trust for our client.

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