A 12-year-old boy has been granted £50,000 from his late aunt’s estate on the basis that he had been treated as a child of the family.
The boy was taken in by his aunt shortly after his birth because his mother was unable to care for him herself.
The aunt acted as the boy’s main parental figure until her death in 2016.
She had made no specific statements about the boy’s inheritance in her will but did include her wish that significant provisions be made for him from her assets, which included three properties.
After his aunt’s death, the boy had moved to live with his father. However, the father was unlikely to be able to support his son all the way up to higher education.
Letters of administration were granted to the aunt’s son in 2018, as beneficiary of the estate.
However, these were revoked in 2020 on the basis that the aunt had not died intestate.
The issues were whether there had been a failure to make reasonable financial provision for the boy and, if so, what order should be made.
The court ruled that he was entitled to £50,000 from the aunt’s estate.
This was because it would be a long time before he could be expected to be earning what was required to maintain him, given the limited means of his father.
The aunt had taken on the role of mother to him and treated him as her child.
It had been her testamentary wish as expressed in the will that very significant provision be made for the boy from her assets.
If you would like more information about the issues raised in this article or any aspect of contentious probate, please contact Rebecca on 01228 516666.