Hardship Under Wills

Being cut out of a will when there is a family disagreement may be unwelcome at any time, but in some circumstances such an action may result in genuine hardship. If this is the case, it may be possible for the disadvantaged relative to go to court to obtain a share of the estate under the Inheritance (Provision for Family and Dependants) Act 1975.

Recently, the adult son of a wealthy woman whose estate was worth £870,000 contested her will, which left him nothing and his sister (who herself had assets exceeding £1m) the entire estate.

His mother’s will had stipulated that he should receive nothing as he had ‘had enough from his parents’, although in reality he had had very modest gifts over the years.

The son had a daughter with a mental disability which meant she would remain dependent on her parents throughout her lifetime. Faced with a gross retirement income of £18,000 per annum and the need to maintain his disabled daughter, he faced a deficit of £4,000 a year. His application was successful and the court awarded him a capital sum of £30,000 plus £220,000 to augment his income. This still left the bulk of the estate to go to his sister but, in these circumstances, the court’s aim is not fairness but alleviation of hardship.