East Yorkshire law firm helps daughter to obtain inheritance

The largest law firm in Lincolnshire and East Yorkshire, Wilkin Chapman, has helped a grieving daughter to receive a six-figure inheritance following successful mediation.

The contentious probate team at Wilkin Chapman has succeeded in obtaining the six-figure sum under the Inheritance Provision for Family and Dependents Act 1975.

The claimant, a 29 year old from North Lincolnshire, was set to receive the inheritance upon the sale of a property that her father held at the time of making his Will. However, by the time of his passing, he had sold this property and the Will had been changed or ‘varied’ for her to only inherit £25,000.

Following mediation, Wilkin Chapman was able to gain an agreement for the claimant to be awarded significantly more.

Sam Sleight, chartered legal executive in the contentious probate team at Wilkin Chapman, who represented the claimant, said:

“When the claimant came to us for our help, we were determined to ensure that she was paid the inheritance that she rightfully deserved. Understandably, she was a grieving daughter who wanted to focus on her family, rather than entering a legal battle – which is why she came to us at Wilkin Chapman.

“We treated this case with the utmost compassion and support, and I’m pleased to say that following mediation, we were successful in gaining an agreement for the estate to pay out the significant sum.

“This case is an example of what can be done if you feel that you have not been fairly considered after the death of a close family member. Adult children do have the right to bring claims against their parents’ estate if they believe that the Will has not made a reasonable financial provision for them.”

Working with the rest of the contentious probate team, Sam pursued a claim on the woman’s behalf that the Will of her deceased father had failed to make reasonable financial provision for her. At the time of his passing, his estate had been valued at approximately £570,000 – however, the value of the estate was a live dispute between the parties.

This is due to the fact that the deceased, prior to his passing, held a property in accordance with a joint tenancy that was passed onto his wife, who was not the mother of the claimant. Sam pursued Section 9 of The Inheritance Act to include the deceased’s severable share of the property to be included as part of the value of the estate – which would then increase to £1 million.

The 29-year old from the Grimsby area, who wishes to remain anonymous, said:

“I just wanted to say a massive thank you to Sam and the whole team at Wilkin Chapman for representing me during this process. I really appreciate the care and compassion you have used towards my case along the whole journey.”

Although it is thought to be difficult to obtain, adult children are entitled to make a claim against their parents’ estate if they believe they have not been treated fairly. If it appears that the estate is fairly modest in size and the main asset is held as a joint tenancy, the court may order that the deceased’s severable share forms part of the estate. As a result, these claims can often lead to an award being made if individual facts are in their favour.

With over 400 partners and staff located across a network of legal offices in Grimsby, Lincoln, Beverley and Louth, Wilkin Chapman is the largest law firm in the Lincolnshire and East Yorkshire area with offices in Grimsby, Lincoln, Beverley and Louth. Wilkin Chapman provides trusted legal and insolvency advice to both private and commercial clients who are based locally, nationally and internationally.

For more information, or to get in touch with the contentious probate team at Wilkin Chapman, visit www.wilkinchapman.co.uk.

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