Daughter fails in her bid for a bigger share of her late mother's estate

Agnes Duggan died in August 2018 leaving her estate worth around £420,000 to be shared equally by her 3 daughters.

Her daughter, Sharon Duggan had been living with her mother in the house which was the main asset of the estate. Sharon made a claim under the Inheritance (Provision for Family & Dependants) Act 1975 arguing that she needed to stay in the house due to her health issues and the need to care for her rescue dogs. She claimed that she had sacrificed her career to care for her mother, and that her health issues including hypersensitivity to noise meant she could not live in a flat.

The judge stated that the court's role was not to 'reward meritorious conduct.' He accepted that Sharon cared for her mother but had lived rent-free in the property, and concluded that this did not amount to a moral claim so strong that her mother should have left her a bigger share than her sisters.

The judge was also not persuaded that Sharon could not live perfectly well in a flat.

Sharon's claim failed and she was ordered to pay costs, which were likely to use up most, if not all, of her share of the estate, having refused offers early on which would have given her a greater share. 

This case illustrates the importance of taking legal advice early on in a potential dispute and that having health issues or having provided care won't necessarily lead a successful claim to a bigger share. It also shows how important it is to accept sensible offers so as to avoid the risk of having to pay litigation costs which can wipe out any benefit you might receive from the estate.

We have advised in several disputes in recent years where siblings have fallen out over the estate.  Parents usually do leave their estate to be divided equally between their children, but this can cause disputes where one or more of them lives with the parents and feels that they should be able to continue to live in a house which is bigger than they need. While courts will consider claims where one beneficiary has greater needs than the other children, they will try to ensure fairness between them all.  If a one bedroom flat would be perfectly adequate accommodation, claimants won't get to keep the family's 4 bedroom house!

If you are in a situation that you feel our wills and probate team could support you, speak to our staff at Marsons Solicitors by contacting us, emailing beth.king@marsons.co.uk, or by following us on Facebook, Instagram, X (Twitter) and LinkedIn.

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