Estate to pay for opera singing course

If a person believes that a deceased individual should have made 'reasonable financial provision' for them in their will and the deceased did not, the aggrieved person may have a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975.

A recent case which is interesting mainly because of its slightly unusual facts, acts as a useful reminder of some of the legal issues in the area.  It is important to note that these cases are expensive to bring and achieving a successful claim is by no means a guaranteed outcome.

In the case, the deceased left one of his sons out of his will. At the time of the death of the deceased his son was 17 and he succeeded in securing an award from the estate to last for six years to enable him to complete his sixth form and university studies. The claimant suffered a number of set backs which meant that he did not complete his studies within this timeframe.

The Leeds County Court agreed to extend the award under the 1975 Act to enable the applicant to continue his post graduate studies which involved him attending an opera course.  Rather harshly one of the arguments put forward to object to the application was that the applicant did not have sufficient talent to undergo the course but this is an argument that the court was not prepared to accept.

For a link to the case go to: Case

If you are considering leaving someone out of your will or you wonder whether you may have a claim against the estate of a deceased person, contact us.