Case Brings New Light To Disputed Inheritance Claims

One of three estranged children of the late Stanley Nahajec has won a GBP30,000 award from his GBP264,000 estate under the Inheritance (Provision for Family and Dependants) Act 1975, despite there being almost no contact between them for several years before his death, and despite his leaving a letter of wishes explicitly disinheriting all three children. 

Elena Nahajec's county court claim succeeded in part because of her desire to train as a veterinary nurse. However, the sole beneficiary of the estate, a friend of the deceased, has already spent nearly all of it, and has had to borrow money to settle a similar claim made by one of Elena's brothers.

Expert Opinion

“After the Ilott case, it was thought that estranged adult child claims should be treated with real caution and that estrangement could be fatal to claims or severely reduce the value of an award.

“However, the Judge here commented that the Deceased was stubborn, intransigent and insensitive and that the estrangement was not for want of trying on the part of the Claimant who had been rebuffed.

“The award was 11.3% of the estate which is very similar to that in the Ilott case (within 1%). There was specific mention of her wanting to do a veterinary course so this is an example of something that falls under the definition of 'maintenance' post Ilott.

“This means that estranged child claims are not dead in the water but suggests that any claimants will need to show a track record of reconciliation attempts in order for the Judges to consider their views.” Julia Burns - Associate

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