If you feel that you were not properly provided for in the Will of a close relative then read on, as Danielle Blaylock, contentious probate solicitor at Jackson Lees, may be able to help you claim what’s lawfully yours.

A recent case in the high court saw two children obtain a legacy from their father’s estate when they had been disinherited. The case resulted in a landmark ruling that may have implications for people who feel they have not been adequately provided for in the Will of a once close relative.

If you have been surprised or disappointed by the provisions made for you in a Will then Danielle Blaylock can help you to get to grips with where you stand.

Here’s how this particular story played out:

Years ago, the father and mother of the children bringing this case, divorced, at which point the father was ordered to pay child maintenance. He never paid, and the children’s mother stopped pursuing him for the support. Essentially, from that point, the mother and children had no relationship with the father.

Wirral Globe: Danielle Blaylock, contentious probate solicitor at Jackson LeesDanielle Blaylock, contentious probate solicitor at Jackson Lees (Image: Jackson Lees)

Fast forward and the father dies leaving substantial assets in his Will to his new family, but making no provision for his birth children.

Following the father’s death, the children sought to make a claim against his estate, under the Inheritance Provision for Family and Dependants Act 1975.  They made this claim, arguing that their father’s Will did not make reasonable provision for his birth children.

The father’s estate defended the claim on the basis the mother had not pursued him for the maintenance payments years earlier. On this basis, it was claimed he did not have a duty to provide for his birth children in his Will, as he had not provided for them in the past.

The arguments made by the estate of the father were rejected with the high court judge commenting that “the birth children were entitled to provisions and the fact that their mother did not pursue maintenance, did not mean that it was reasonable for them not to receive a provision under the Will”.

What can you do if you’re in this situation?

While all cases turn on their own facts, the fact that these children did not have a recent relationship with their father, and the fact that he did not pay maintenance following his divorcing their mum years ago, did not prevent them from successfully bringing a claim.  

If you are in a similar situation to these children and are looking to challenge a Will or the way the Will of a close relative is being administered, we can help you identify the steps that you can take to claim what is rightfully yours.

If you would like to talk to one of our empathetic specialist advisers, you can call us free on 0808 296 3258 (also free to call from mobiles) or email enquiry@jacksonlees.co.uk. Alternatively, visit our website: www.jacksonlees.co.uk

A Flexible Service

At Jackson Lees we understand that knowing where you stand is one of the most important things. In cases where things haven’t gone as you’ve expected, we can help you get clarity. We will provide you with expert, professional and sensitive legal advice, helping you deal with a wide range of civil litigations matters including dealing with Will disputes and contentious probate.

What Jackson Lees can do for you…

We have empathetic and experienced litigators to help you know where you stand

Three local offices to choose from:

Hoylake 0151 601 8797,

Heswall 0151 909 2785,

Liverpool 0151 909 5766

  • We also offer assistance if you are in a dispute regarding inheritance
  • We offer a range of funding options, including Conditional Fee Agreements
  • We can meet you at any office, as well as virtually

Let Jackson Lees make things a little easier for you and your family. Contact our Wills, Trusts & Probate team to book an appointment or to chat through your requirements. Call us free from either a mobile or landline on 0808 296 3258.