Isobel’s story: Litigation friend brings successful Inheritance Act claim

**Names have been changed to protect our client’s identity.

Isobel** a minor child, who was represented by a litigation friend, brought a successful Inheritance Act claim against her grandfather’s estate.

Timeline of events

Spring 2022

Tony made a will with a firm of solicitors shortly before he died leaving his estate to his sibling. Tony explicitly made no provision for Mark, who at that time was under 18, and was in the care of the local authority.

Summer 2019

Isobel’s grandfather passed away making no provision for Isobel in his will.

Early 2021

A Grant of Probate was obtained for Isobel’s grandfather’s estate.

How Lime Solicitors helped Isobel’s case

We were approached to represent Isobel who at the time was at primary school and were asked to advise on bringing a claim against her grandfather’s estate for financial provision. Isobel’s grandfather had supported Isobel financially for many years by paying for her to attend a private school.

There were complex family dynamics in play, as the executor of her grandfather’s estate was her grandmother, whom both Isobel and her mother remained close to.

We secured a litigation friend for Isobel who was someone independent and who could act in her best interests. We then engaged in negotiations with the solicitors representing the estate and Isobel’s mother ultimately leading to the issue of an Inheritance Act claim.

A settlement was reached safeguarding the family relationships and guaranteeing the payment of Isobel’s school fees until the conclusion of her education.

A note from Alistair Spencer

“The family were keen to safeguard their relationships and the case had to be handled in a particularly sensitive way by all parties to ensure this occurred. The best way to do this was the appointment of an independent person to act as a litigation friend rather than Isobel’s mother”.

“Isobel achieved a significant settlement which provided for the costs of her private education to be paid by the estate until she turned 18 and ensuring she was able to continue at the school she was at”.