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No inheritance for daughter who disowned her mother

Patricia Wright made two claims against the estate of her late mother, Mary Waters, on the basis of promises made between herself and her father in relation to work carried out in the past in the shop owned by her late parents, and secondly on the basis of promises made by her mother to her. Both claims were rejected on the basis of insufficient evidence.The second claim by Patricia Wright was a request for reasonable provision made under The Inheritance (Provision for Family & Dependents) Act 1975. As a child of Mrs Waters, Patricia Wright was entitled to make such a claim.
Mrs Waters had however signed a letter at the same time that she made her Will, setting out the reasons why she had disinherited her daughter, stating that she had asked her daughter to invest £10,000.00 for her during her life but her daughter refused to pay this back, saying it was a gift. In addition, Ms Wright had subsequently sent a letter to her mother disowning her and wishing that she was dead.  The Judge rejected Ms Wright’s claim stating that her conduct outweighed all of the factors in her favour.Vicky Sladdin, wills and probate solicitor, commented: “When executing a Will that doesn’t make provision for someone you would expect it to, we always advise a client to prepare a side letter to their Will at the same time. Although such a letter does not prevent a claim being made under the 1975 Act, it is useful evidence to show to the court the reasons why someone has been disinherited.”If you need help and advice about reducing the possibility of a legal challenge to a Will or to claim against someone’s estate, you should seek specialist help from a probate solicitor. You can contact our Wills and Probate team on 01302 320621 or email info@athertongodfrey.co.uk

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