The recent decision in Antonio v Williams [2022] EWHC 2383 (Ch) gives an interesting example of a claim, brought by a nephew, under the Inheritance (Provision for Family and Dependants) Act 1975 ("the Act").
With the increase in blended families and second marriages we have seen a rise in the number of claims for provision from estates. It is therefore important that we understand the wording and the intention of the Act.
Currently under the Act, individuals are eligible to seek reasonable financial provisions from an estate, despite not being expressly mentioned in the will.
In this article we focus on s1(1)(d) of the Act and the clarity brought by Antonio v Williams.
The statute reads that to seek financial provisions, a claimant must have been treated by the deceased as a 'child of the family'.
But what does 'a child of the family' mean?
The case of Antonio v Williams found a successful claim for the nephew of the deceased. Here, despite the deceased not being married or in a civil partnership at the relevant time the judge concluded that the deceased's contribution to her nephew's maintenance extended to the bulk of his everyday needs. Therefore, it was clearly found that the nephew, who had lived with the deceased, could make a claim under s1(1)(d). The deceased had taken on the role of mother and treated her nephew as her child.
This shows that the treatment of a claimant as a child is no longer limited to a marriage or civil partnership.
The case also shows the potential breadth of the Act. As the Law Commission explained, "What matters is the parenting given, not the fact that the person who acted as a parent was also a member of a couple".
Hopefully the new law will allow greater provision for those who would not otherwise inherit from an estate.
If you think you may have a claim against an estate, getting expert advice and acting quickly is essential.
At Clapham & Collinge we have a dedicated team of experts who are able to provide you with all the necessary information, support and legal advice relating to claims for provisions for family and dependents. Our legal advice is bespoke, confidential, and designed around you, helping you reach the best outcome.
If you would like to seek advice on contentious probate or any other private client related matters such as Lasting Powers of Attorney or Wills, please contact our dedicated client relations team on 01603 693500, email enquires@clapham-collinge.co.uk.
This article is provided for general information purposes only and does not constitute legal advice or professional advice.
