A Warning With Costs In Competing Inheritance Act Claims

The recent High Court case of Amnir & Ors v Bala & Ors [2023] EWHC 1054 (Ch) highlighted the costs risks involved in pursuing litigation to full trial, particularly in Inheritance Act claims.

BACKGROUND

The case comprised of four claimants, relatives of the late Mohammed Amnir Bala ('Deceased') – his surviving wife, their two young children, and his adult daughter from a previous marriage – all of whom were bringing a claim against his estate for reasonable financial provision under the Inheritance Act 1975. Mr Bala had sadly died in 2019, and the matter had progressed to full trial in May 2023.

The surviving wife – unemployed since having their children – had been maintained by the Deceased until his death and continued to live in the matrimonial home (itself an asset forming part of the estate). The Deceased's three surviving children all required continued maintenance; in particular the adult daughter who had significant physical and mental disabilities.