Question:
Dear Elaine
My mother died recently and listed my sister as executrix of her Will. I have lived in the family home my whole life and always looked after my mother and father leading up to their deaths. I have mental health difficulties and I have been unable to secure work for a number of years. I was shocked when I read the Will to see that my mother had left her estate equally amongst her children (I am 1 of 4). My sisters are married and all have their own houses, they do not need this money in my opinion. I feel hard done by, can I take a claim against the estate and what are my chances of success?
S.
Answer:
You should be aware that there is no automatic right to a share in your mother’s estate however you can take a claim under Section 117 of the Succession Act 1965 which allows a child of a testatrix to make a claim against the estate where a parent has not made adequate provision for a child. The most important thing to note at the outset is that there is a very strict timeline in which you can take a claim, it must be done within 6 months of the issue of the Grant of Probate.
Whether you would be successful would depend on the particular circumstances of your case. There is a two-step test in respect of Section 117 applications, firstly you will need to establish that there was a need for provision to be made and if you can prove that there was a need for provision, the court will decide what provision ought to be made. Details that the court will take into consideration will be wide ranging to include, your accommodation history, your employment history and your assets. The court will also look to the Testatrix means when assessing the case.
Given the strict time limits in which you can take a Section 117 claim, I would advise sitting down with a Solicitor so that they can take full instructions as there is a significant amount of preparation work to be done before you can issue your claim.