I was reading about the recent case of Thirsk v Thirsk & Ors [2026] EWHC 1501 (Ch), a case whereby a surviving spouse advanced a claim under the Inheritance (Provision for Family and Dependants) Act 1975, despite having been left a tax-free legacy of £5million, personal chattels and a life interest in/right to occupy the matrimonial home.
It piqued my interest having worked on similar claims against large estates in the past and always having been somewhat surprised by the documented needs of the Claimant and the outcome. We often think that these types of claims are advanced by claimants who have been left very little or even nothing under a Will but this is a shining example of that not being the case.
What factors do the court take into account?
In this case the estate was worth approximately £26 to £30 million and comprised of a farm, land development and other hospitality assets. The claimant and the Deceased had been together for approximately 19 years (and married for one of those) but under his Will, the residuary estate passed primarily to the Deceased’s son from a previous marriage.
As with all spousal 1975 Act claims, the standard of provision is ‘what is reasonable in all of the circumstances’ and the claimant set out what her financial needs were which sought provision reflecting a very affluent lifestyle indeed, including but not limited to annual expenditure on:
- Shooting activities
- Private aviation
- Luxury vehicles and holidays
The Court accepted that reasonable provision must reflect the standard of living enjoyed during the relationship, but made it clear that the purpose of the 1975 Act is not necessarily to guarantee continuation of an extravagant lifestyle (the Couple’s combined spending during the Deceased’s lifetime reached over £700,000 per year!).
Significant consideration was given to the matrimonialisation of assets and (to a lesser extent) the Deceased’s testamentary wishes - which were to benefit the Deceased’s son and keep the farm together.
What was the outcome?
The Claimant was successful and the Court concluded that the Deceased’s Will did not make reasonable financial provision for her. However, it also emphasised that any award should assist her to transition to financial independence. The Claimant was awarded the £5million lump sum legacy and the transfer of the matrimonial home outright - an award that mirrored an offer previously made by the Defendant son.
Whilst most estates may be significantly more modest than the estate in this case, it serves as a timely reminder to carefully consider how assets are distributed and whether your testamentary wishes may give rise to a potential 1975 Act Claim.
If you would like to speak to a member of the team regarding either a claim against an estate or with regard to estate planning, please don't hesitate to get in touch.