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Insights

The Inheritance Act and Minor Children

Posted on 11th February 2021 in Dispute Resolution

Posted by

Cory Stephenson

Trainee Solicitor
The Inheritance Act and Minor Children

There are many different types of claimants under the Inheritance (Provision for Family and Dependants) Act 1975 (IPFADA). Whilst every individual has different circumstances and therefore different prospects under the IPFADA, the common category of claimants are:

  1. Minor children
  2. Adult children
  3. Spouses
  4. Unmarried couples
  5. Individuals on low income

Although this is not an exhaustive list, we will be writing a series of insights on the above categories of claimants, starting with minor children, to give a more detailed look at each.

 

Ubbi v Ubbi [2018] EWHC 1396 (Ch)

Reasonable Financial Provision for a Minor

An important recent decision for minor applicants under IPFADA is Ubbi v Ubbi. The facts of this case are a fairly common set of circumstances where the deceased has a child (or children) with one partner and then marries someone else and has subsequent children or step-children. In this case, the deceased was married and had a disabled child with his wife but went onto have an affair and subsequently two illegitimate children. The deceased left his £3.4m estate to his widow and disabled child.

It is now fairly well established that a minor child can meet the threshold for reasonable financial provision under IPFADA – it is irrelevant whether the minor child is illegitimate or not. In this case, it was not in dispute that the applicants were entitled to reasonable financial provision. The question for the Court was to arrive at a suitable award with consideration to authorities and the relevant factors set out under section 3 of IPFADA.

In this case the Court awarded approximately £386,000 to the applicants. The Judge applied the Ogden table (a multiplier used to calculate awards in cases like this) and considered:

  1. Children’s housing need
  2. Childcare requirements
  3. Schooling costs
  4. The mother’s base income.

These are some of the factors the Court assess in order to calculate the child’s need for reasonable financial provision. These factors are the ‘need’ for financial. There must be a reason.

 

How can we help?

Looking at Ubbi v Ubbi and the Ogden table above, these are our expert lawyers top tips for IPFADA for minor children.

  • A minor child applicant will require a litigation friend to conduct the claim and instruct a Solicitor. This is usually a parent or guardian.
  • A minor child will usually have strong prospects of meeting the threshold for reasonable provision under IPFADA.
  • Ensure that your Will is kept up to date to avoid disappointed children and costly litigation.

 

For further advice and guidance on claiming under the Inheritance (Provision for Family and Dependants) Act 1975 please contact our team of expert lawyers.

Contact the team


 

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