Successful Inheritance Act Claim and removal of Executor

Our Inheritance and Will Disputes department has successfully concluded a five year legal battle which involved a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (‘the Act’) and a Section 50 Application to remove the Executor of the Estate.

Inheritance Act Claim by child

We were initially instructed in 2019 by the daughter of the Deceased as her father’s Will failed to make reasonable financial provision for her. A claim was commenced pursuant to Section 1 (1) (c) of the Act as a child of the Deceased.

At the time of our instruction, a Grant of Probate had been obtained by the Deceased’s unmarried partner (the Defendant), who was named as Executor under the Will. The Grant of Probate was obtained 22 months after the Deceased’s death and there was a dispute as to the value of the estate as declared on the Grant of Probate.

Dispute over the value of the estate

The initial hurdle in this matter was ascertaining the true value of the estate, to assist the Court when considering the Section 3 factors under the Act with specific regard to: “(e) the size and nature of the net estate of the deceased;”

The Grant of Probate valued the estate at around £80,000 however, the value of the estate was disputed by our client on the basis the estate also benefitted from approximately 15 acres of land. A valuation was obtained for Probate purposes but our client argued that a market valuation should be obtained to ascertain the true value of the estate in the context of her Inheritance Act claim.

Our client made several requests to the Executor to ascertain the true value of the estate which included a formal letter of claim and several letters. The Executor however, was reluctant to engage in correspondence and our client issued proceedings due to the pending limitation of her claim. The Court listed the matter for a hearing, which the Defendant failed to attend. The Judge made an Order requiring the Defendant to file and serve up to date estate accounts, which the Executor again failed to comply with.

Application for removal of Executor

As a result of the Defendant’s failures to comply with their duties and the Court Order, we issued an Application under Section 50 of the Administration of Justice Act 1985 on behalf of our client to remove the Defendant as Executor of the Estate.

A further hearing was listed in the Business and Property Courts in Manchester in respect of both the Section 50 Application and the Inheritance Act claim. The Defendant did attend that hearing, and it was agreed that our client would not pursue the Section 50 Application for a specific period to allow the Defendant to engage in the Inheritance Act proceedings and comply with the previous order to file updated Estate Accounts. It was also ordered at that hearing that the parties had permission to appoint a joint expert to prepare a report as to the market valuation of the Land.

Despite being afforded a further opportunity to engage in the proceedings, the Defendant failed to file the updated accounts and also prevented access to the Land in order to obtain a valuation. Again, several letters were sent to the Defendant requesting engagement to no avail.

As the Defendant continually failed to engage with the litigation and failed to comply with the Court Orders, our client was forced to request that the previous Section 50 Application be relisted, which was heard some 3 years after our instruction. The matter was heard with the Defendant in attendance and the Defendant was removed as Executor of the Estate. The Defendant was ordered to pay the costs of the Application.

In December 2022, as a result of our s.50 Application, the Court appointed an Independent Professional to act as Personal Representative of the Estate. Shortly after that appointment a market valuation of the Property was obtained which valued the land at between £250,000 - £275,000 and the nature and size of the estate was ascertained.

Inheritance Act Claim in London County Court

The matter was then transferred to the London County Court for further directions in relation to our client’s Inheritance Act Claim. The case was listed for trial in October 2023, where the Judge determined that the Will failed to make reasonable financial provision for our client and she was awarded a significant sum for her maintenance needs, together with a substantial contribution towards her legal costs of the claim.

Following the conclusion of the Inheritance Act Claim, the Professional Personal Representative then faced a further hurdle in that the main asset of the estate was the land. This needed to be sold to ensure that the Estate could satisfy its liabilities, including the payment due to our client for her Inheritance Act claim. The Judge in the Inheritance Act proceedings encouraged our client and the Defendant to come to a compromise to raise funds to settle the estate liabilities.  We were able to do this by achieving a sale of part of the Land which raised sufficient funds to settle the liabilities.

“Whilst we were confident that our client would be successful in her Inheritance Act claim, this case highlights the complications that can arise during any litigation,” said Laura Pracy, Contentious Probate Solicitor and Head of Inheritance and Will Disputes.

“This matter was protracted as a result of the Defendant’s reluctance to engage in proceedings however we are pleased that whilst conclusion took almost 5 years our client has now received her award under the Inheritance Act and further she was able to recover a large portion of her legal costs,” added Laura Pracy.

How can we help?

For legal advice on bringing a claim under the Inheritance Act or to remove and Executor of a Will contact our specialist Contentious Probate Solicitors on 0161 785 3500 or email contentiousprobate@pearsonlegal.co.uk.

Subscribe to our newsletter

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.