This matter involved a claim brought on behalf of 2 infant children by their mother against the estate of their late father, which was worth around £3,500,000. The children sought a lump sum of £848,105.78.
The children’s mother was not married to their father, who died in 2015 unexpectedly. He had at the time being getting divorced from his wife and his will had not been updated. Therefore, there was no provision for his children and the will left the entire estate to his wife.
The wife accepted that reasonable provision should be made for the children for a lump sum. However, there were three significant areas of dispute between the parties; childcare, housing and private schooling. The wife valued the claim at £254,000.
Master Suman awarded the children’s mother £386,290.60, with a capital sum of £234,234 for the costs of childcare.
This is a significant case as very few Inheritance Act claims brought by infant children have reached court and the judgment also raises the importance of having an up to date will.
The full judgment can be read here.
If you have any questions about this summary case law please contact Julie here.