Supporting a survivor to secure fair provision under the Inheritance Act

By Kelsey Jones

Published In: Contentious Probate Solicitors

Our client came to the UK from another country with her young child after meeting her husband in Thailand, where they later married. He encouraged her to move to the UK to build a life together, and she relied on him for financial support, stability, and a sense of family. They later welcomed a child together. During the marriage she experienced domestic abuse, and when the relationship became unsafe, she made the difficult decision to leave the marital home.

She began divorce proceedings and consistently tried to move matters forward. Despite her efforts, the process was slowed by the challenges the Deceased created, and before anything could be finalised, he unexpectedly passed away.

A deeply distressing situation

After his death, she was required to listen to the reading of the Deceased’s will, which excluded both her and her older child. This was especially painful given that she had contributed to the mortgage payments, worked to support the family, and cared for the children. She also faced hostility from members of the Deceased’s family during this period.

Her situation was made even more isolating by the fact that she spoke very limited English. She felt she had no one in the UK who truly understood her or could support her. Because of this, it was essential that we met with her face‑to‑face, taking the time to explain each step slowly, clearly, and compassionately. She came to us not only for legal guidance, but for someone who would listen, understand, and stand beside her at a time when she felt overwhelmed and alone.

Our approach

We brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975, arguing that she had been left without reasonable financial provision. As a spouse who had relied on the deceased for her home, income, and stability, and as a survivor of domestic abuse, she had strong grounds for a claim.

Alongside the inheritance claim, she also received a significant payment from a life assurance policy held outside the estate. Many people contact us with questions about how separate policies or assets are distributed, especially when they fall outside the estate itself. In her case, the payment she received from this policy provided immediate and much‑needed relief at a time when she had very little support.

Could she have secured more through court proceedings? Possibly. But that path would have meant long delays, significant legal costs, further emotional strain, and a deeper breakdown in family relationships, none of which aligned with what she wanted.

What mattered most to her was closure, dignity, and the ability to move forward without further conflict.

The outcome

We successfully negotiated a settlement that met her needs and allowed her to avoid the strain of a court battle. For her, this was never about pursuing the highest possible financial award, it was about showing herself that she could take this step, stand up for what was fair, and bring this painful chapter to an end.

The agreement gave her the security she needed and the freedom to return home to care for her elderly mother, which was what truly mattered to her. This outcome was not just a legal resolution; it was a moment of quiet empowerment for a woman who had carried far too much for far too long.

A growing pattern

We are seeing more and more women, particularly from ethnic minority backgrounds, coming to us with similar experiences. Many have faced domestic abuse, financial dependence, cultural vulnerability, and language barriers. When a partner dies, they are often left without support, without clarity, and without anyone to advocate for them.

These situations are not simply about legal claims. They are about safety, having a voice, stability, and understanding the cultural and emotional realities behind each client’s story. Our role is to listen, to empower, and to help clients move toward the future that feels right for them.