Probate Case 1

Elizabeth Jones contacted Redress Law for advice. Her deceased father had left the family home shortly after she was born and she had never heard from him again.
Her mother had obtained an order for child support for Elizabeth. Unfortunately the father made no financial contribution for his daughter and didn’t always pay the child support he was supposed to.

The father died, having remarried and had 2 more children. He left everything to his second wife and their children and nothing to Elizabeth.

Redress Law advised Elizabeth that she had a valid claim under the Inheritance (Provision for Family and Dependants) Act 1975, (“the Inheritance Act”).

The case was vigorously opposed by the deceased’s wife and other siblings.

The matter proceeded to a final court hearing where we successfully argued that:

  • The Deceased father was under a moral obligation to the Claimant
  • Although Elizabeth was working, her earnings were far from sufficient to support her without assistance from her mother
  • The father had failed to honour moral and financial obligations when the Claimant was a child
  • No reasonable financial provision was ever provided for the Claimant

Redress successfully obtained monies from the estate to pay for Elizabeth’s’ entire university education as well as a vehicle for her to travel to and from university. We also successfully argued that Elizabeth should have some monies awarded for the period of time she had finished university until she became financially independent. The court also awarded her monies to assist for a period of 5 years in total.

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