1975 Inheritance Act - No win no fee

MyRealNameToo

This is what was agreed was acceptable in exchange for removing legal aide from most civil cases like this. Whereas in the past the tax payers would have funded their case now insurers and solicitors do. It's only those well off enough to have been able to afford their own lawyer where the matter has really changed.

If they got legal aid or conditional funding arrangement you would still be having to consider if you wish to fund paying a lawyer to do your defence work or not.

Normally in these cases they would be buying ATE insurance to cover your costs etc if you defend and win, for this their lawyer must certify they have at least a 51% chance of winning and the premiums they are charged are based on their lawyers track record of predicting the changes of winning. The fact they have convinced a lawyer they have a strong case probably means you may want to do some more digging.

A step child, as far as I am aware, has no rights under  Inheritance (Provision for Family and Dependants) Act 1975 unless they were still financially dependent on the deceased at the time of their passing. Adopted children however do count the same as biological kids. Have you checked records to make sure he wasnt making regular payments to the person and/or maybe had actually adopted them?

Just_tis

https://forums.moneysavingexpert.com/discussion/comment/81921169#Comment_81921169

Totally agree with everything you say, she has a very weak case, her solicitors have been told she has no case. She wasn't dependent on my Dad, she just happened to live with my Dad for around 3 years, just because he married her Mum. This is from the age around 14-18.

We have been told that she could win the case on emotion,

Our next move is to issue a Part 36, so if we go to court and she gets awarded less, we have one is she gets a penny more she has one and we are liable for both sets of fees

This is happening to more and more people so I am trying to raise awareness

noitsnotme

https://forums.moneysavingexpert.com/discussion/comment/81921423#Comment_81921423

We have been told that she could win the case on emotion

Who told you that? How many judges make rulings on emotion over facts?

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/81921423#Comment_81921423

It makes no sense for her solicitors to tell her she has no case and proceed anyway. Even with ATE insurance they dont get paid at all if she loses the case so if thats their opinion they would end acting for her unless she switched to self funding.

On the Part 36 its if the court agrees with the valuation or offers lower that it takes effect not just if the court awards below the value.

dunstonh

Is this still at the "scare you into paying something" stage?

i.e. she may not have much hope but delaying the estate from being distributed for years and running a risk she may win could mean that at present, its hit and hope that won't proceed if you stick to your guns.

Just_tis

https://forums.moneysavingexpert.com/discussion/comment/81920872#Comment_81920872

https://forums.moneysavingexpert.com/discussion/comment/81921474#Comment_81921474

Her solicitors didn't tell her she had no case, we have told them she has no case

lincroft1710

How old is this stepchild, how much is their legacy and what exactly do they want extra from the estate?

Using a NWNF solicitor is perfectly lawful, the estate could also employ one, but NWNF isn't quite as straight forward as it might appear, so not recommended

sheramber

Duplicate thread already here

https://forums.moneysavingexpert.com/discussion/6659376/1975-inheritance-act-no-win-no-fee

gplion55

Use a specialised probate solicitor to look at this. There are conditions and rules that they can apply to assess this situation and calculate what such a claim could be valued at in realistic terms based on several factors.

This is a clause that is unfortunately often abused by persons wishing to cash in on an estate and has also happened to me as an executor. There is also a 6 month time limit as such a claim has to be made within 6 months of the grant of probate being made unless there are special circumstances.