Can you recoup ‘no win, no fee’ legal costs in Inheritance Act Claims?
An adult child with complex mental health issues has succeeded in a claim against her late Father’s estate for reasonable financial provision, despite being estranged from her parents. The judge acknowledged that may in part be due to her mental health issues.
The estate was valued at £554,000 and after much deliberation, the judge awarded the daughter £138,000 (approximately 25% of the estate).
This included figures for ongoing care, to cover shortfall in income against outgoings, rental deposit, new white goods, and replacement of a dilapidated car. Interestingly, there was also an award to cover part of the uplift of the Conditional Fee Agreement (sometimes called no win, no fee) that the daughter was liable to pay her solicitors for succeeding in the case. This is the third case where this issue has been considered recently.
The Judge declined to make an award to buy a new house for the daughter on grounds of the mother’s ongoing care needs, and the fact that the daughter was estranged from her parents. The parents had only partially contributed to her living costs for four years.
It is important to factor in that the mother was disbarred from the proceedings due to failure to comply with previous court orders. She was in a care home, but had some substantial assets to meet future care needs, (over £400,000). Whilst the Judge was careful to protect her position, it’s important to remember that this judgement was made with no argument to assist the mother.
Inheritance act claims are becoming more and more commonplace. If you feel that you are entitled to a sum from an estate, or would like to discuss your options when pursuing a claim, contact Terry Jones Solicitors today on 01743 218 450 or email email@example.com< < back to latest news
Terry Jones Solicitors is a trading style of MLL Ltd. Registered as a limited company in England and Wales, registration number 05907992. Company registered address is at Sale Point, 126-150 Washway Road, Sale, Manchester, M33 6AG. Authorised and regulated by the Solicitors Regulation Authority (SRA ID 446632). VAT registration number 742326449.
Names of Directors are available upon request.
MLL Ltd is part of the Metamorph Group. See here for the Groups full legal and regulatory information.
|cookielawinfo-checkbox-advertisement||1 year||Set by the GDPR Cookie Consent plugin, this cookie is used to record the user consent for the cookies in the "Advertisement" category .|
|cookielawinfo-checkbox-analytics||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".|
|cookielawinfo-checkbox-functional||11 months||The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".|
|cookielawinfo-checkbox-necessary||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".|
|cookielawinfo-checkbox-others||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.|
|cookielawinfo-checkbox-performance||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".|