High Court awards lump sum to infant children from their father’s estate

The High Court has recently awarded two infant children a lump sum of just under £400,000 from their late father’s estate under the Inheritance (Provision for Family and Dependants) Act 1975 (the Inheritance Act).

In the case of Ubbi v Ubbi [2018] the children’s father’s Will, which he had made before they were born, made no provision for them. The children (via their ‘litigation friend’) brought a claim under the Inheritance Act for ‘reasonable financial provision’ from their father’s estate (which in total was worth about £3,500,000). One key issue which the court considered was whether or not it was reasonable for provision to be made to the two children for the purposes of private school education. The court said that whilst a private school education may be desirable, there had to be an expectation that the children would be educated privately and, on the facts, did not allow for private school fees in the award.

The case provides some useful guidance on this issue and the other factors that a court will take into account when assessing claims under the Inheritance Act by minor children. It also emphasises the importance of keeping your Will up to date.

Simon Tilling is a solicitor in the Private Client department at Barker Gotelee Solicitors in Ipswich.

Suffolk Wills Solicitors – for more information on our range of legal services, please call the team on 01473 611211 or email bg@barkergotelee.co.uk