Top-rated inheritance lawyer Naomi Ireson secures a successful defence of spouse’s Inheritance Act claim.
Slee Blackwell’s Head of Contentious Probate, Naomi Ireson, has achieved another successful outcome for a client at mediation, this time defending a claim brought by a surviving spouse under the Inheritance (Provision for Family and Dependants) Act 1975.
The claim arose following the death of the deceased, whose Will left a pecuniary legacy of £15,000 to his spouse, with the remainder of the estate passing to his son, Naomi’s client.
The spouse subsequently brought a claim under the 1975 Act, seeking further financial provision from the estate.
Why Are Spouse Claims Often So Difficult to Defend?
Claims brought by spouses under the Inheritance Act are often among the most challenging to defend successfully.
Unlike many other categories of claimant, a surviving spouse benefits from a more favourable legal test. When considering a spouse’s claim, the court is not limited to assessing whether reasonable maintenance has been provided. Instead, it may consider what financial provision would be reasonable in all the circumstances of the case.
This places spouses in a significantly stronger position than adult children, cohabitants or other potential applicants.
As a result, many estates face substantial exposure when a surviving spouse challenges the terms of a Will.
A Creative Settlement Through Mediation
Rather than proceeding to a contested trial, the parties agreed to attend mediation.
Mediation often provides opportunities that would not be available through a court judgment. This case was a good example of that in practice.
Following negotiations, a settlement was reached whereby Naomi’s client agreed to provide the spouse with a right to occupy one of his own properties, together with a nominal additional payment from the estate.
Importantly, the bulk of the estate itself remained intact for Naomi’s client.
The settlement also provided that the spouse would bear the majority of her own legal costs, making the overall outcome particularly favourable for Naomi’s client.
The Benefits of Mediation in Inheritance Act Claims
One of the key advantages of mediation is flexibility.
A court hearing is generally limited to determining what provision should be made from the deceased’s estate. Mediators and parties, however, are free to explore a much wider range of solutions.
In this case, the settlement involved the provision of accommodation through an asset owned personally by Naomi’s client rather than through the estate itself.
This type of arrangement can often meet the practical needs of both parties while preserving the value of estate assets and avoiding the significant costs, delays, and uncertainty associated with litigation.
It also highlights an important point that is sometimes overlooked: successful dispute resolution is not always about winning or losing. In many cases, the best outcome is one that protects a client’s long-term interests while providing a workable solution for everyone involved.
Preserving the Estate
A particularly significant feature of this case was the nature of the estate.
The estate consisted largely of cash assets. Had the claim proceeded to trial, there was a risk that a substantial capital award could have been made in favour of the spouse.
By agreeing a right of occupation instead, Naomi’s client was able to preserve the vast majority of his inheritance.
Given the spouse’s age, there is also the prospect that the right of occupation may only be required for a limited period, after which the property will revert entirely to Naomi’s client. This enabled him not only to retain the bulk of the estate but also to preserve the long-term value of his own asset.
Expert Advice on Defending Inheritance Act Claims
Inheritance Act claims are highly fact-sensitive and can be particularly complex where spouses, children, and blended families are involved.
Whether you are bringing a claim or defending one, early specialist advice is essential.
Naomi Ireson heads Slee Blackwell Solicitors’ nationally recognised contentious probate team and regularly advises clients on claims under the Inheritance (Provision for Family and Dependants) Act 1975, disputes concerning Wills and estates, and mediation of inheritance disputes.
If you require advice on an Inheritance Act claim, contact Naomi and the contentious probate team for a confidential discussion.
Contact us For a Free Consultation About Defending an Inheritance Act Claim
Our team of Legal 500 recommended contentious probate lawyers will be happy to answer any further questions you might have about defending an Inheritance Act claim and how mediation might be used to find a creative and favourable solution.
