Claims for reasonable financial provision

Kenny Goss, a former partner of George Michael issued a claim at Court stating he was financially supported by the Wham! singer before his death. Goss sought payments of £15,000 a month from a reported £97 million estate.

Goss is reported to have been in a relationship with Michael for nearly 15 years, received a generous monthly allowance and claimed he gave up his career for their relationship.

Goss was successful in his claim for maintenance by way of an out of Court settlement, although the specific details remain confidential.

Goss issued his claim under the Inheritance (Provisions for Family and Dependants) Act 1975. The Act enables certain people, including surviving spouses, cohabiting partners, children, adult children, or anyone who, immediately before the death of the deceased, was maintained by them, to bring a claim for financial provision from the estate.

When making its decision as to whether to grant the Claimant reasonable financial provision, the Court will consider factors including the Claimant’s current and future financial resources and needs; the resources and needs of the existing beneficiaries; obligations the deceased had towards the Claimant; the size and nature of the estate; any physical or mental disabilities of the Claimant or beneficiaries; and, sometimes, the conduct of the parties.

Claims under the Inheritance Act are just one example of the many types of claim relating to a deceased person’s estate. Other examples are where the validity of a Will is contested, perhaps because the person who made it did not have the capacity to do so, they were subject to undue influence, or there was an element of fraud; where the Will does not accurately reflect the wishes of the person who made it or is ambiguous; or where the person who made the Will had promised to do something different.

If you have questions relating to provision under a Will, the validity of a Will, or rectification of a Will, contact Lucy Mignot or Wingwai Tam in Blanchards Bailey’s contentious probate team on 01258 459361.