A decision in a recent case, Weisz v Weisz & Ors (2019) has provided guidance on claims under section 5 of the Inheritance (Provision for Family and Dependants) Act 1975 for interim maintenance from an estate dispute.  In particular, the case has provided clarity how the court will exercise their discretion when making interim awards. 

In the facts of this particular case, the claimant had been married to the deceased. The defendants were the adult children of the deceased from a previous relationship. The net estate exceeded £4 million.  The estate of the deceased was supposed to provide the claimant with an income by way of a remainder trust, however the defendants had reduced the income provided and eventually the payments ceased altogether, leaving the claimant with no income.  

The court decided that the claimant was entitled to interim payments for her immediate financial needs at a rate of £5,200 per month under section 5 of the Inheritance Act. The payments were backdated to the date of the application. 

In addition, the Estate was ordered to pay £55,587 towards the claimant’s legal fees. 

The case is of particular interest as there was previously a lack of guidance as to how the court exercise their discretion under section 5 of the Act.  The Judge stated that the expression in section 5 of ‘immediate need of financial assistance’ is a more restrictive interpretation of ‘needs’ than in comparison to divorce proceedings. In matrimonial law, a parties ‘needs’ can be interpreted generously depending on the quality of life enjoyed before the relationship breakdown, however the focus in inheritance act claims is strictly on immediate needs. It is also interesting to note that the courts may in some circumstances allow interim payments to cover legal costs. This will provide another alternative to funding inheritance disputes and will disputes by way of “no win no fee” arrangements.

Cases dealing with inheritance disputes that are out of time fall on their own facts and it is essential to take legal advice in all inheritance disputes, will disputes and contentious probate matters. 

If you would like information about an inheritance dispute, challenging a will, contesting a will, probate disputes, please call 01902 424927 and ask to speak to one of our specialist contentious probate lawyers. Our team at George Green LLP are regarded as one of the Midlands' leading teams of will disputes and contentious probate solicitors. Susan Ford is an associate member of ACTAPS. 

We offer a free initial free consultation and we can often act for clients who want to contest a will or commence an inheritance dispute/probate dispute on a no win no fee basis.

Alternatively, please e-mail us at contentiousprobate@georgegreen.co.uk providing a brief summary of the issues you wish to discuss with us, along with your contact details.

We have a dedicated practice team of contentious probate solicitors, covering all areas of the UK (with offices near Birmingham and in Wolverhampton) who are experienced in dealing with all types of contentious probate matters, including challenging a will and estate disputes.