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Successful Inheritance Act claim enables client to remain in marital home

By Sandra Kowalska

Published In: Contentious Probate Solicitors

Switalskis’ Contentious Probate team recently acted for a successful claimant in a case pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 securing a flexible and advantageous settlement.

Man looking out of window with cup of tea

Our client's story

Our client was married to the deceased for over a decade. They had lived together and supported each other throughout their relationship. They also both had children from previous relationships.

The marital home was in the deceased’s sole name, but throughout their marriage they both contributed to its upkeep and share financial responsibilities more generally. After the deceased’s passing, our client was not due to receive any provision under the will, which would ultimately mean he would lose a place he called home for several years.

Our client had no means to purchase an alternative property and was attached to the local community.

What we did

We set out our client’s case and his financial needs, focusing on his housing situation. We secured a comfortable settlement where our client will purchase the property belonging to the estate at a value affordable to him. The difference between the property value and purchase price represents a settlement of his claim, a considerable sum in the six figures. This meant our client could remain living in his home and the parties achieved a clean break resolution to the case.

He said, “I am extremely grateful to Switalskis, and Sandra in particular, for their professionalism and dedication to achieving a very satisfactory outcome to what was initially a very daunting position”.

Sandra Kowalska , Senior Associate Solicitor and contentious probate specialist said, “This situation was very difficult for our client who had no certainty over his future and his home. We’re so pleased we were able to get a positive outcome. We were able to settle relatively quickly and within the limitation period, meaning there was no need for court proceedings. Our clients are often dealing with some of the most difficult situations of their lives and I’m always really proud when we’re able to get them a good outcome and take away some of the pressure.”

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