Claim for financial provision under section 9 of the inheritance act

[section9]

NC of course along with some insignificant but possibly identifying details.

dd is 10 and her dad died 6 months ago. He died intestate and had no interest in our daughter from the beginning. We weren’t together. Dd has two half siblings that are also half sibs to each other.
I have been told by a solicitor that Dd has a good claim for financial provision from the estate but I’ve read on here that this is rare. Dd receives a monthly dependents pension and I think this would impact on a claim
under section 9. There is also a lump sum to be divided between the sibs. The eldest has applied for probate and she will divide this lump sum equally between the 3 of them when it is released on probate being granted.
Can anybody tell me more about a claim under section 9 please and what it would involve? The legal advice I originally sought advised to do this with a company who do no win no fee.

There seems to be a lot of "depending what the eldest decides" and that's not a legal position anywhere in the Uk.

There are legalities when someone dies intestate. It's not "depends what Mary thinks should happen"

I’ve been reading more about this since starting the thread and appreciate all your replies.
“Mary” does seem to be making decisions here that aren’t in her scope as administrator. If the “golden child” gets the house Mary wants to divide the death benefit between herself and my Dd to give them each a better share because the house is worth much, much more. I know now that she can’t do this and it must be divided equally between the 3 kids regardless of the house.
I have contacted the solicitor who I originally spoke with about a no win no fee to see if this is worth pursuing given the pension amounts. I feel very much in a position I don’t want to be in with the siblings. One thinks Dd shouldn’t get anything and neither should Mary, and Mary thinks the golden child shouldn’t get anything and nobody seems to be looking at what the law says. Mary was hoping that a claim under section 9 would give her some money too but it would be held in trust I think until Dd is 18 and Dd might not want to give away any of that money to a sibling she has next to no relationship with.

How old is Mary?

She might wise up a bit if someone explains to her that an administrator can be held personally responsible for things that go wrong.

So if she dishes the money out wrongly based on her opinion, rather than the law, then her sibling could later chase her personally for the money.

Mary is in her 30s.

What do I do though if she gives me more money than is a third for Dd?

It might be worth getting the land registry docs for the house - once you know its ownership set up then you'll know if its value should be included or not.

Then get proper legal advice so you can show you acted in your DDs best interests.

We have got the land registry and it’s definitely joint tenants and there’s no mortgage on the property since before his death. It was about to go in the market when he died.
I do hope the solicitor gets back to me tomorrow. It’s giving me a lot of stress and feel very much in the middle of things.

Your daughter is a child so cannot take legal action.

Someone else needs to do it for her - her 'litigation friend' in this case you.

Broadly speaking you need to get the best deal you can for your daughter otherwise - in theory she could attempt to recover anything she coukld have but didnt get from her late fathers estate from you.

The whole thing sounds like a mess BUT clearly IF the executors manage to get anything from the house sale then your daughter is entitled to a share of it.

Your daughter would have a much more valid claim than them. Provision for an under 18 child will come first - your apply yourself

it would only eat omitting they fought it

I think they are pulling a fast one

She’s entitled to something because she is a financial dependent - she will be provided for first! Those other children are over 18 and have no claim

I can’t see that - not if it’s joint tenants

I stand corrected - you can’t but there would have to be a case that no provision was made

you cant make yourself administrator without consulting all interested parties - there are documents you must complete and use to show you’re done this

If you add up the full value of the 'estate' it's about £500k (the £300k house, the £100k pension pot and your DD's £100k pension then if all three children were to benefit equally, they would each get about £165k.
As it stands, without the house, your DD will get about £130k so 'loses' £35k but it's the eldest who loses most. It's certainly worth her trying to overturn the joint tenancy but you might not feel it's worth it for your DD. The legal costs might wipe out any gain.
It's also worth saying that the middle child might not inherit the house. Her mother might not make/may change a will and have other children or leave it to a husband. We've all seen the horror stories of step families and wills on here. A claim under section 9 would at least guarantee her an (albeit reduced) inheritance.
An administrator of an estate has to distribute it under intestacy laws so the eldest can only distribute the lump sum equally (although in the interest of fairness, some would say she should have it all).

I have been told that the court could sever the joint tenancy and make her dad’s half part of his estate, or in this case, the only estate. Now that she has the dependent’s pension and will have a third of the death benefit once the letters of administration are issued I’m not sure she would have a claim on the house-as his estate-because of this.

The eldest has applied for probate because she’s the eldest and the middle child is currently unable to do so due to reasons that I don’t wish to share. Mary also lives locally to their dad’s house for ease of access to documents. That’s if the ex-wife allows her access to the house. I believe she is currently renting it out to friends with DD’s dad’s belongings and documents in situ which sits uneasy.

The last thing I want is a court case and fall out with the wider family but I will do whatever it takes to do right by Dd.

I think I might have the figures wrong in my post above. The half share of the house is £150k and I think the pension pot is £30k in total (not £30k each) which gives a total value of just under £300k so £100k each.
Your daughter will get that by the time she is 18. Unless it's felt she should have that and a third of the rest too which I think you might make a case for.

You are right that the house might not be left to the middle child but the middle child is an only child of the ex-wife. It is certainly her intention at present to leave it to the middle sibling. It’s Mary who really loses out and I hate the unfairness of that but it’s not for me to solve this for her. My responsibility is to my Dd.

I think a half share of the house divided by the 3 sibs is £50,000 each then it’s around £25,000 each of the death benefit so £75,000 each in total. Dd will get around £75,000 by the time she’s 18 through the dependent's pension so a total of £100,000 without the house. Including the house it’s £150,000. Mary gets £25,000 and golden child gets £25,000 plus possibly/probably a £300,000 house. So going for a share of the house would give her £25,000 more if it’s split between the 3 sibs. If only Dd got the half share then she’d get £150,000 from the house, £25,000 death benefit, plus £75,000 pension, Maths isn’t my strong point but I think that’s correct. Correct me if wrong. I’m aware that legal fees would eat a lot of the house money.

Minor child claims under the Inheritance Act are generally good claims.

i specialise in this area of law and am happy to have a chat with you and explain things if you DM me

I’ve sent you a DM. Thank you.

Hi OP, I’ve messaged you under my previous username. I can’t seem to switch to my nee one on the mobile site 🤦🏽‍♀️

@chimesandrhymesthank you, I’ve got it and have replied.

Meanwhile, you’ve lost your maintenance payments and the pension goes directly into an account belonging to your DD? Are you able to access this for living costs? Perhaps this is where you’ve been advised she could argue for more, ie a down payment for a home - depending on your current situation?

I have no idea. Can’t you ask the person who originally advised you to clarify, and once you understand why they have advised what they have, get a second opinion?

A children’s pension does not go into the child’s account. It goes to the parent providing for the child as the money is instead of maintenance. It changes to the young adult when they are 18 if going to uni and the pension provides during uni years. At least that is how it works for my children.