Grant for minor


(Balkrishna Patel) #1

Client was not married to intestate deceased, and they have a minor child together who is entitled to the whole estate on statutory trust. Client can apply for grant with someone else as parent of minor.
However client also wants to make an inheritance act claim against the estate and there is no one else suitable to apply for the grant. We wish to act for her to make the claim, but there appears to be nobody we can make the claim against other than herself.
Can my firm apply for a use/benefit to18 grant as well as make the claim?

Balkrishna Patel
Stennett & Stennett


(Tim Gibbons) #2

You cannot act in both capacities: you would be acting for both claimant and defendant in the IPFDA claim. You have to choose a side and in view of what you say I would assume you would prefer to act for your client as the claimant.

Another local firm might be prepared to pick up the responsibility of applying for letters of administration to be granted to two of their partners as a discretionary grant. Otherwise I believe (for I have never done it) that the IPFAD Act claim is served upon the President of the Family Division who will then presumably appoint someone to make the application for a grant and defend the claim. I think that the child might also have to be represented in the litigation by a guardian

Tim Gibbons