Anne was an elderly widow who lived on her own. Anne had been diagnosed with Dementia but was still able to live independently and manage her own care. Anne had two adult children, Michael and Daniel, who supported their mother when they could but lived some distance away from her.
It was only when Anne suffered a fall in her home and sustained physical injuries that she was unable to continue living on her own.
Anne did not want to move from the property which had been her home for many years. There were discussions within the family and Michael’s daughter, Kate, who was in her late twenties, agreed to care for Anne (her grandmother).
Kate resigned from her job, gave up her rented house and moved into her grandmother’s home so that she could provide full time care for Anne.
Kate was devoted to her grandmother and provided around the clock care to her during the years she was living with her. This became increasingly difficult and demanding as her grandmother’s health declined.
Kate continued to do this for around 8 years, until her grandmother passed away. Kate was unable to work so she received only a very modest income, made up of a carers allowance and an attendance allowance. Given Kate’s limited income, Anne also topped up Kate’s income whilst she was living with her.
In 2022, Anne died. Anne had made a Will some 10 years earlier, at around the time her husband died, in which she left her entire estate to her sons, Michael and Daniel. As a result, Kate received nothing from her grandmother’s estate.
Anne’s estate was worth around £500,000, with the main asset being her house which had a value of around £400,000.
After her grandmother’s death, Kate found herself in a position where she was without a home and without a job. Kate had spent years caring for her grandmother and had affected her own employment prospects in doing so.
As Kate had not been provided for under her grandmother’s Will, Kate was able to bring a claim against her grandmother’s estate on the basis that she had been financially dependent on her grandmother. Kate had to prove that she had a financial need, as opposed to a moral entitlement, for the amount she was seeking.
Kate sought a lump sum from her grandmother’s estate to assist with her living expenses whilst she tried to get back on her feet. Kate needed to find somewhere to live, get back into employment and to buy a car.
Kate’s Uncle Daniel did not agree that Kate had any claim against her grandmother’s estate. He suggested that Kate had not been maintained by Anne; that she had benefitted from being able to live in the property and had been paid for the care she provided.
Kate was awarded an amount from her grandmother’s estate on the basis that she had been financially maintained by Anne. This award was made for the purpose of providing Kate with financial support in respect of her needs and ongoing living expenses for a set period of time.
