A recent case, Armstrong v Armstrong, heard in the High Court in November 2024 involved claim made by a son against his father's estate on two grounds: proprietary estoppel and for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

Section 91(14) of the Children Act 1989 allows the family court to make an order barring individuals from making further specified applications under the Children Act 1989 without permission of the court.

A mantra drummed into all embryonic litigators is: ‘do not lose sight of commerciality’. The overriding objective of the Civil Procedure Rules being that the Court should be able ‘to deal with cases justly and at proportionate cost’. This is especially so with regard to claims under the Inheritance (Provision for Family and Dependants) Act 1975 (the ‘Act’) where the Court is in essence being asked to conduct a balancing exercise to appropriately redistribute an estate in circumstances where a claimant argues that they have not been adequately provided for.

The Supreme Court heard the appeal in Hirachand v Hirachand in January 2024, and the judgment has been long awaited and was handed down on 18 December 2024.

The Inheritance Act 1975

Learn how to bring a claim under the Inheritance Act 1975. Watch our solicitors explain eligibility, legal steps, and what courts consider in probate cases.

Our agricultural solicitors have proudly been advising farmers and rural families on all their legal needs for over 170 years. We advise on every aspect of rural life from land ownership and estate planning, to farm succession, diversification, property transactions and resolving family disputes.

It is common for couples to live together and often start a family without getting married or entering a civil partnership. However, cohabiting couples need to be aware of their limited legal rights in the event of relationship breakdown. Despite the popular myth, the term ‘common law marriage’ carries no legal weight.

Looking to set up a Trust? Our expert solicitors advise high-net-worth individuals and business owners on creating Trusts to protect wealth and secure your legacy.