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Inheritance claims – can you recoup ‘no win, no fee’ legal costs?

An adult child with complex mental health issues has succeeded in a claim against her late Father’s estate for reasonable financial provision, despite being estranged from her parents. The judge acknowledged that may in part be due to her mental health issues.

The estate was valued at £554,000. After much deliberation, the daughter was awarded £138,000 (approximately 25% of the estate).

This included figures for ongoing psychiatric care, shortfall in income against outgoings, rental deposit, new white goods, and replacement of a dilapidated car. There was also an award to cover part of the uplift of the conditional fee agreement (sometimes called no win no fee) that the daughter was liable to pay her solicitors for succeeding in the case.  This is the third case where this issue has been considered recently.

The Judge declined to make an award to buy a new house for the daughter.  This was on grounds of the mother’s ongoing care needs, and the fact that the daughter was estranged from her parents.  They had only partially contributed to her living costs for four years.

It is important to factor in that the mother was disbarred from the proceedings due to failure to comply with previous court orders.  She was in ailing health in a care home, but had some substantial assets to meet future care needs (at least £413,000).  Whilst the Judge was careful to protect her position, it’s important to remember that this judgement was made with no argument to assist the mother.

Inheritance act claims are becoming more and more commonplace. If you feel that you are entitled to a sum from an estate, or would like to discuss your options when pursuing a claim, contact Linder Myers Solicitors today on 0800 042 0700 or email enquiries@lindermyers.co.uk

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