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High Court Decision on Inheritance Claims

 


A recent decision from the High Court underscores the boundaries of claims for “reasonable financial provision” under the Inheritance (Provision for Family and Dependants) Act 1975.


According to Today’s Wills & Probate, Deputy Master William Henderson concluded that reality TV personality and personal trainer Lonan O’Herlihy’s attempt to claim £5 million from the £38 million estate of property investor Hugh Taylor was unlikely to succeed.


Mr O’Herlihy maintained that Mr Taylor, who had been his mother’s former partner, had played a fatherly role during his youth and early adulthood, offering both emotional and financial support. He also alleged that Mr Taylor encouraged him to pursue a career in real estate, implying that he might inherit part of the business in the future.


The court, however, determined that while there was evidence suggesting Mr Taylor treated Mr O’Herlihy “as a son” between 1995 and approximately 2005, that support had effectively ceased by 2012. By the time of Mr Taylor’s death in 2019, the claimant was financially independent and able to support himself.


Importantly, the judge dismissed the argument that Mr O’Herlihy’s financial requirements should reflect the affluent lifestyle he had previously enjoyed due to Mr Taylor’s support. Instead, the proper measure was the standard of living he had established on his own after their relationship ended and at the time of Mr Taylor’s death.


The court also rejected claims of detrimental reliance, noting there was no evidence that studying property and construction at university had placed the claimant at any disadvantage.


Ultimately, the court concluded that the claim would have failed even if it had been made within the six-month statutory window following the deceased’s passing.


This ruling serves as a reminder of the challenges adult claimants—especially those not formally recognized as family members—face when seeking financial provision from an estate.


The case also highlights the significant costs involved: despite being dismissed early, the total legal expenses already exceed £2 million.


Here at Box Legal our specialised WillSafe Policy is designed to provide your clients with the security they need during contentious probate cases.


If  you’re a Probate Litigation Solicitor contact us for expert assistance


Protect your clients’ interests with ATE insurance from Box Legal, and navigate the complexities of contested wills with confidence. 


 


 

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