ABD CONTENTIOUS PROBATE DEPT COME
TO THE RESCUE
NO WIN NO FEE
ABD partner Peter Shah who heads the Contentious Probate Department was instructed by Mr X to bring a claim under the 1975 Inheritance Act on a no win no fee arrangement.
Mr X said that he had lived at home for most if not all of his life with his parents. He moved out for a short period of 3-4 years with his then wife when he was 27 but returned in 2004 and was there when his father died in late 2012.
Mr X had a very sporadic (and poor) work history primarily he said for health reasons (he suffered constantly with headaches and poor concentration). His family said this was due to his alleged drug taking!! He had been on benefits for 10 years.
He had 1 son who was over 18 and 1 young daughter living with her mother (who had psychiatric problems) in Croatia.
Mother’s will had left everything to father and there was nothing unusual in that but when he changed his will in 2006 father left pretty much everything in his estate to his adopted daughter. He had one blood daughter who he left some minor legacies. Mr X got nothing.
The estate was worth £480k, the main asset being the family home valued at £330k or thereabouts.
NO WIN NO FEE
This is when he made arrangements to have a consultation with Peter and find out what to do next...
The Claim was made under the Act that father’s will failed to make reasonable financial provision for Mr X. The claim was denied by sister who said father did not want Mr X to have anything as he had wasted his opportunities in life.
Needless to say there was no love lost between Mr X and his 2 sisters particularly the one who had been left all the money.
Proceedings were commenced in the High Court. A defence was served and it looked like a lengthy court battle would follow. Peter advised Mr X to use mediation as a means of trying to settle this unfortunate family dispute. Accepting Peter’s advice, he agreed.
Peter was looking at getting some money for Mr X so he could buy a small property and provide a home for his young daughter who wanted to come and live with her dad. He had already been made homeless by his sister evicting him from the family home and was living in a van!
After a long day in London at mediation, Peter managed to strike a deal so that Mr X could buy a small flat for himself and his daughter. There was also reconciliation with one sister with the return of some family memorabilia that he had not seen for years.
A very satisfied client.
