A partner in our market leading Contentious Trusts and Probate team, Ben Wilson, has successfully settled two claims brought by a disinherited daughter against the Estate of her late father.

The first claim was a challenge to the validity of her late father’s Will on the basis of lack of mental capacity, want of knowledge and approval of the terms of the Will and undue influence. The second claim was for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 on the basis that the will did not leave reasonable financial provision for our client.

In assisting the client, Ben undertook initial enquiries to gather evidence in support of the claims (including sending a “Larke v Nugus” request to the solicitors who drafted the Will and also requesting and reviewing medical records). Ben then sent a robust letter of claim to the other parties, setting out the claims in full. The parties attended a mediation and shortly thereafter, the claims were settled in our client’s favour without the need to bring court proceedings. The client received a substantial proportion of the Estate and was very happy with the settlement achieved.