Claim brought against the Estate of a late father by the spouse.

We advised the beneficiaries on a claim brought against the Estate of their late father by the spouse of the deceased under the Inheritance (Provision for Family and Dependants) Act 1975.  The spouse was claiming a significant lump sum payment out of the Estate as she received only the chattels under the deceased’s will.  After a period of negotiations we were able to reach an agreement with the spouse; the terms of this agreement resulted in a refund of Inheritance Tax paid by the Estate.  As part of the agreement the refund of Inheritance Tax was divided between the spouse and our clients and a settlement of the claim was reached without Court proceedings being issued by the spouse. The sum paid to the spouse of the deceased in settlement of her claim was significantly less than the sum claimed by her at the outset of the claim.