Inheritance Act claims - A recent example of a successful claim by an adult child - a man in his 70s…

Isaacs v Green case summary

Case background

The case involved three siblings in their seventies with financial and healthcare needs. The deceased, Sybil Isaacs, passed away in April 2013. Her will excluded her son David Isaacs, dividing the residuary estate equally between her two daughters, Ruth and Susan. David contested the will, seeking one-third of the estate.

Key issues

David was excluded from the will due to concerns about his divorce, but argued his relationship with his mother had improved before her death. Susan opposed David's claim, while Ruth supported it. Financial and healthcare needs of all siblings were central to the case.

Court decision

The judge awarded David 25% of the estate (£150,000), with Ruth and Susan receiving 37.5% each (£225,000). David and Ruth were allowed to remain in the property for six months to purchase or vacate it. Supplemental orders included compensation to Susan for continued occupation and restrictions on possession claims during this period.

Legal Costs

The court did not consider legal costs in assessing financial needs. Susan was ordered to pay 75% of David’s legal costs. This aligns with the principle that litigation costs are governed by the CPR regime and are not recoverable under the 1975 Act.

Takeaways

1. Establishing 'something more' than financial need is crucial in adult child claims.
2. The definition of 'maintenance' can be flexible, depending on the claimant's needs.
3. Courts balance competing needs of beneficiaries when determining reasonable financial provision.

Practical insights

1. Clear evidence is essential for financial needs.
2. Litigants in person should focus on neutral submissions.
3. Fruitless litigation can deplete estate resources, making proportionality key.

Future Trends

An increase in adult child claims under the 1975 Act is expected due to ageing populations, blended families, and concentrated wealth among older generations.

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For more information or advice, please contact Michelle Rose in our Private Client team.