Last updated on June 20th, 2018 at 11:19 am

Danielle Ames has lost her case in which she appealed against her father’s will, in which he left his entire estate, worth £1.9m, to his second wife (Danielle’s step mother), if she survived him – which she did.  If she had not, 40% of the estate would have gone to Danielle with the rest going to grandchildren.  Danielle claimed that her father, with whom she had a questionable relationship, had once said that “it will all be yours one day”, but it was unclear as to whether this referred to his estate or his business.  Danielle’s father had given her a business and provided her with capital to run it.  However, she gave the business up upon the birth of her daughter – although it was uncertain whether she had sold it or its assets.  He had also provided her with various other funds (although Danielle could not stick to her story as to the exact funds whilst giving evidence). The judge commented that he found Danielle to be an unsatisfactory witness, providing unreliable evidence, and that he could not accept any of it “unless it is either independently corroborated or is inherently probable.”

Daughter claimed she was a not properly provided for

Danielle claimed £300,000 from the estate under the Inheritance (Provision for Family and Dependents) Act 1975, which allows adult children to make a claim if they feel that reasonable provision has not been made for their maintenance.  However, Danielle had to prove that the omission to provide for her was unreasonable, based on the above act.  That is:

• The financial resources and financial needs which the applicant has or is likely to have in the foreseeable future.
• The financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future.
• Any obligations and responsibilities which the deceased had towards any applicant for an order, or towards any beneficiary of the estate of the deceased.
• The size and nature of the net estate of the deceased.
• Any physical or mental disability of any applicant for an order, or any beneficiary of the estate of the deceased.
• Any other matter, including the conduct of the applicant or any other person, which in the circumstances of the case the court may consider relevant.

Judge finds will “entirely reasonable”

In finding that Danielle had been unable to prove that her father had not properly provided for her, Judge Halpern said that he found the will “entirely reasonable” and that:

• Danielle’s unemployed status was a “lifestyle choice” and that she had not proved that she was unable to find work – saying this point alone was enough to defeat her challenge
• Most of Danielle’s stepmother’s capital was tied up in her home and it was not reasonable for her to have to sell that. Her only other income was her pension and rent that came from property that was owned by her and her husband and any reduction in that income would not leave her enough to meet her own reasonable needs.  She was past working age and was unwell.

Loss highlights cost of making Inheritance Act claims

While it may seem to contradict the result of the Illot case, in which the daughter won her claim against her mother’s estate (although an appeal will be heard in the Supreme Court on 12^th December 2016), this case demonstrates that these claims are judged on the specific circumstances of, not just he claimant, but also beneficiaries named in a will. The Ames case reiterates the danger – and cost – in making such claims: Danielle has also been ordered to pay her stepmother’s legal costs of £85,000!

Graysons can help you head off challenges to your will

The case also highlights the challenges that second and subsequent marriages, and adult children from a previous marriage, raise when it comes to inheritance.  If you die without making a will, the intestacy rules will kick in and your estate will be divided according to them – no matter what you wanted.  If you want to provide for a surviving spouse and adult children from a previous marriage, you will need to specify exactly how in a will.  If you don’t want to provide for adult children from a previous marriage you need to be really clear when drafting your will – as can be seen from these 2 cases.

Here at Graysons, our wills experts can help you to make sure that you get your will right, so you can look to head off any possible challenges in advance.  We can prepare the documents and evidence that may be needed to prove that your will is reasonable.  Of course we can never say that there will not be a challenge, but if the will is skillfully written, with extensive notes and evidenced, there will be far less chance of a claim being pursued.

You can find out more about wills, estates and trusts on our web pages.