Avery Associates

House Clearance & Probate Valuation Services


  • HOME
  • HOUSE CLEARANCE
    • Probate House Clearance
    • House Clearance
    • FAQ
    • Hoarder House Clearance
    • Garden Clearance
    • Charity Donations
    • Recycling
    • House Clearance Gallery
    • Our Locations
  • PROBATE HELP
    • Probate Valuation Guide Fees & Advice
    • Probate House Clearance
    • Executors Information
    • Services For Solicitors
    • Our Locations
  • PROBATE VALUATIONS
    • Probate Valuation Explained
    • RICS House Valuation
    • Classic Cars
    • Jewellery
    • Coins
    • Books
    • Stamps
    • Vintage Toys
    • Records
  • REVIEWS
  • NEWS
  • ABOUT
  • CONTACT

Inheritance Provision for Family and Dependants Act of 1975 Judgement

October 21, 2019 By Richard Farrell

The Inheritance Provision for Family and Dependants Act (1975) allows UK courts to vary the distribution of the estate of a deceased person. Additional benefits may apply to any spouse, former spouse, child, child of the family, or dependant of that person.

However this only applies to cases where the deceased person’s will, or the standard rules of intestacy fail to make reasonable financial provision.

The Tale of the Dissatisfied Daughter

The late Earl of Cowley left an estate worth £1.3 million. According to Alexa Payet writing in Legal Futures this included a bequest of £20,000 to his daughter Tara with whom he was estranged.

He left the remainder to his fourth wife for life. Upon her death he directed his son and five step children share the money. However, Tara was dissatisfied with her lot. She claimed she needed substantially more to train and work as an artist.

The Facts of the Daughter’s Case

The claimant had not been in touch with her father for thirty years. This was after he disapproved of her “chaotic lifestyle” especially in her youth. According to Alexa Payet the Earl tried to persuade her to amend her ways, but failed.

Tara had an unfortunate start to life. She lived with her “troubled mother” until she was eleven. After that she spent time in care, because “she unable to ever settle into the family home of her father which he shared with his widow and her children”.

Fast forward to the present moment. Tara’s twenty-one-year-old son is in a residential home for adults with special needs. She has not worked for several years either because she has attention deficit hyperactivity disorder. Accordingly, she lives on state benefits while she dreams of becoming an artist.

What the Court Decided Regarding Tara’s Inheritance

The judge decided her attention deficit hyperactivity disorder did not prevent Tara from working. Moreover, the judge did not increase her inheritance because she was to blame for the thirty-year estrangement.

Furthermore, her claim would have failed without the estrangement, “due to Tara living within her means, and having had no financial support from the Earl during her adult life. Moreover, she was capable of working, and had £20,000 to help her get started.

The Rights of the Late Earl in the Matter

The judge was at pains to stress the Earl’s testamentary freedom to leave his estate to whom he wanted. The bequest was not an “unreasonable amount” although the judge stopped short of saying what he might have thought had Tara received nothing from the Earl.

Finally, the court dismissed a secondary claim under the Human Rights Act. It “failed to see how this could be successfully argued” give the claimant was “in control of whether they work or not, and their decision not to work makes them reliant on state benefits”.

Alexa Payet concludes her article as follows: “For now adult children claims are still difficult to predict but the courts are certainly leaning towards rejecting claims”.

Filed Under: Probate Valuation Tagged With: Alexa Payet, Family and Dependants Act of 1975, probate contents valuation, Tara’s Inheritance, The late Earl of Cowley left an estate worth £1.3 million

Our House Clearance Services

We provide a full house clearance and property management solution:

  • We clear hoarded houses, regardless how big or how cluttered
  • We clear all types and sizes of property, irrespective of location, or access is restricted or where parking is difficult or not available.
  • We can help avoid water damage by draining the central heating system.
  • We can secure the property and change the locks.
  • We can reinstate the gardens and maintain them whilst the property is empty.
  • We can provide 24 hour security to eliminate the risk of squatting or unlawful occupation.

As well normal house clearances we specialise in clutter clearance and we can clear a hoarded house which may contain years of accumulated possessions, or which have abnormal amounts of general household items, sometimes as a result of compulsive hoarding syndrome.

Equally we can help to clear a property where the occupants were previously unwell and unable to care for themselves or their property which sometimes results in insanitary, dangerous or just plain unpleasant conditions.

More info

About Richard Farrell

What We Do

Get A Quick Quote

Client Reviews

Feb 1, 2021
by Sally Thompson on Avery Associates
Sensitive House Clearance

You have done an excellent job, given that you had very little time. Brenda and I do appreciate how much you have done and feel it is really kind of you... Read More

Feb 1, 2021
by Sacha Hawes on Avery Associates
Hoarded House Clearance

I would firstly like to thank everyone at Avery associates for their hard work . We called Jeff after the sudden death of my father. He was a "hoarder... Read More

Feb 1, 2021
by Jennie Adams on Avery Associates
House Clearance And Search For Valuable Items

We are very grateful to Jeff and his team for carrying out a clearance on a very cluttered relative’s house. He fitted in with our timeframe organising... Read More

Page 1 of 39:
«
 
‹
 
1
2
3
›
 
»
 

Share, Email or Print

Looking For Something?

Our Latest News & Advice

  • What is the Difference Between Probate Value and Market Value?
  • A More Holistic Approach to Animal Hoarding
  • How Covid-19 Affects the Way We Do Our Probate Work


Avery Associates
291 Mitcham Rd
Tooting SW179JQ

Tel: 0800 567 7769 or 0208 640 0044

Services provided throughout London and the Home Counties. View our clearance case studies.


Website Terms | Privacy Policy | Sitemap | Copyright © 2005-2018 Avery Associates
Website Development by Avara Web Media