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I am writing to you to raise a serious concern about the operation of the Inheritance (Provision for Family and Dependants) Act 1975 and the unintended consequences it can have for families administering estates.
My siblings and I are currently executors and beneficiaries of our late father’s estate. We are responsible for administering the estate in accordance with his will and ensuring that all legal obligations are met. However, we are now facing a claim under the Inheritance (Provision for Family and Dependants) Act 1975 from a stepchild of our father who lived with him for a relatively limited period many years ago and who was already left a legacy in the will.
The estate itself is relatively modest and largely consists of our father’s home, which we have recently had to sell in order to settle the estate. Despite our efforts to act responsibly and in accordance with the law, we now face the very real possibility that a significant proportion of the estate could be consumed by legal costs associated with defending this claim.
One aspect that feels particularly unfair is that the claimant is being represented on a “no win, no fee” arrangement with her solicitors. This means that she is able to pursue litigation without personal financial risk, while the estate and its beneficiaries face the possibility of very substantial legal costs even if we have acted entirely properly in carrying out the wishes expressed in our father’s will.
In practical terms, this creates a situation where families can feel pressured to settle claims purely to avoid the financial risk of prolonged legal proceedings. Even when a claim appears weak, defending it can cost tens of thousands of pounds. For modest estates such as ours, this means that the estate itself may effectively be eroded by legal fees.
In our particular case, the estate is currently worth in the region of £220,000. However, if the case proceeds to a full court hearing, the combined legal costs on both sides could potentially approach or even exceed this amount. This means that there is a very real risk that the entire estate could be lost to legal costs alone, leaving nothing for the beneficiaries despite our father’s clearly expressed wishes in his will.
This situation places executors and families in an extremely difficult position. Even when they have acted properly and responsibly, they can be forced into a position where settling a claim becomes the only financially sensible option simply to protect what remains of the estate.
I fully appreciate that the legislation was originally introduced to protect vulnerable dependants who might otherwise have been left without reasonable provision. However, it appears that the way in which the law currently operates can unintentionally encourage claims to be pursued against relatively modest estates, particularly where claimants are able to rely on “no win, no fee” arrangements.
I understand that there has been increasing discussion among legal professionals and policymakers about whether aspects of this legislation may require review to ensure that it continues to protect genuine dependants without creating disproportionate financial risks for ordinary families administering estates.
I would therefore be very grateful if you might consider raising this issue or supporting a review of how the legislation operates in practice, particularly in relation to the disproportionate impact of legal costs on ordinary families administering modest estates.
Thank you for taking the time to read this letter. I would very much appreciate any guidance you may be able to provide and whether this is an issue that could be raised more broadly within Parliament.
My siblings and I are currently executors and beneficiaries of our late father’s estate. We are responsible for administering the estate in accordance with his will and ensuring that all legal obligations are met. However, we are now facing a claim under the Inheritance (Provision for Family and Dependants) Act 1975 from a stepchild of our father who lived with him for a relatively limited period many years ago and who was already left a legacy in the will.
The estate itself is relatively modest and largely consists of our father’s home, which we have recently had to sell in order to settle the estate. Despite our efforts to act responsibly and in accordance with the law, we now face the very real possibility that a significant proportion of the estate could be consumed by legal costs associated with defending this claim.
One aspect that feels particularly unfair is that the claimant is being represented on a “no win, no fee” arrangement with her solicitors. This means that she is able to pursue litigation without personal financial risk, while the estate and its beneficiaries face the possibility of very substantial legal costs even if we have acted entirely properly in carrying out the wishes expressed in our father’s will.
In practical terms, this creates a situation where families can feel pressured to settle claims purely to avoid the financial risk of prolonged legal proceedings. Even when a claim appears weak, defending it can cost tens of thousands of pounds. For modest estates such as ours, this means that the estate itself may effectively be eroded by legal fees.
In our particular case, the estate is currently worth in the region of £220,000. However, if the case proceeds to a full court hearing, the combined legal costs on both sides could potentially approach or even exceed this amount. This means that there is a very real risk that the entire estate could be lost to legal costs alone, leaving nothing for the beneficiaries despite our father’s clearly expressed wishes in his will.
This situation places executors and families in an extremely difficult position. Even when they have acted properly and responsibly, they can be forced into a position where settling a claim becomes the only financially sensible option simply to protect what remains of the estate.
I fully appreciate that the legislation was originally introduced to protect vulnerable dependants who might otherwise have been left without reasonable provision. However, it appears that the way in which the law currently operates can unintentionally encourage claims to be pursued against relatively modest estates, particularly where claimants are able to rely on “no win, no fee” arrangements.
I understand that there has been increasing discussion among legal professionals and policymakers about whether aspects of this legislation may require review to ensure that it continues to protect genuine dependants without creating disproportionate financial risks for ordinary families administering estates.
I would therefore be very grateful if you might consider raising this issue or supporting a review of how the legislation operates in practice, particularly in relation to the disproportionate impact of legal costs on ordinary families administering modest estates.
Thank you for taking the time to read this letter. I would very much appreciate any guidance you may be able to provide and whether this is an issue that could be raised more broadly within Parliament.
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