Our client was the surviving spouse of her late husband. Despite a marriage of many years and having lived in the family home for over two decades, she was left a disproportionately small share of an estate valued at more than £1 million. Much of the estate, including the property she lived in, was due to pass to her late husband’s adult children from a previous relationship.
The situation left our client facing significant uncertainty about her financial future and, most importantly, whether she would be able to remain in her home.
The legal and personal challenge
The central issue was whether reasonable financial provision had been made for our client under the Inheritance (Provision for Family and Dependants) Act 1975. While claims of this nature are not uncommon, this case was particularly sensitive due to the competing interests of family members.
Beyond the legal position, our client needed reassurance, clarity and a solution that avoided unnecessary conflict and stress.
Why specialist advice mattered
Our client sought specialist advice from our solicitors experienced in private wealth disputes. She wanted clear guidance on the strength of her position, an honest assessment of risk, and a strategy that prioritised both her financial security and a proportionate resolution.
Our approach
We undertook a detailed review of the estate, the will, and all relevant evidence before advising our client on the merits of her claim and the options available to her. Given the personal dynamics and the importance of reaching a practical solution, we recommended mediation as the most effective route to achieve a fair outcome while avoiding the emotional and financial cost of court proceedings.
Following this, a comprehensive position statement was prepared to robustly advance our client’s case, clearly setting out her entitlement and the consequences if reasonable provision was not made. We represented her throughout the mediation process, ensuring she felt supported, informed, and confident in the strategy being pursued.
The outcome
The matter was successfully resolved at mediation. A settlement was reached that secured our client’s financial position and provided certainty around her future housing, allowing her to move forward without the need for court proceedings. The resolution brought closure to a very difficult time for our client.
You made what seemed like a daunting process much easier to deal with, and I felt quite calm and relaxed during the day. I’m sorry that it took so long but we got there in the end. I’m grateful for all you did to move things along.
Private Wealth Dispute client
Helping a client reach a positive resolution at mediation is always rewarding. Careful preparation and clear advice allowed us to robustly advance our client’s position on the day and achieve an outcome that gave her security and certainty for the future.
Joanna Earl – Solicitor | Private Wealth Disputes
How can the Private Wealth Disputes team help
The matter was handled by Partner Scott Taylor, with support from Solicitor Joanna Earl, who worked closely with the client throughout the preparation and mediation process as part of the Private Wealth Disputes team.
Our private wealth disputes lawyers are dedicated to providing tailored advice and support to individuals and families facing disputes over trusts, wills, estates, and other private wealth matters. We work closely with our clients to achieve the best possible outcome, whether through negotiation, mediation, or litigation.
