Damages for Clinical Negligence Claim in Estate

We acting in the estate of a minor. A clinical negligence claim is currently in progress and the damages are likely to be in excess of £400,000.

The solicitor dealing the claim has confirmed that the award for pain, suffering and loss of amenity will fall into the estate, which will amount to around £100,000.

The balance of the claim is for past losses, which will effectively be to reimburse the parents for expenses they had to cover during the child’s lifetime. Could it be argued that this part of the claim falls outside of the estate, and therefore would not be subject to IHT?

Laura Green
Boyes Turner LLP