The recent high profile case of Dellal v Dellal concerns Ruanne Dellal, the widow of the millionaire property dealer, Jack Dellal, making a claim against his estate under the Inheritance (Provision for Family and Dependents) Act 1975.

Jack died at the age of 89 in 2012 leaving a Will that left his entire estate to his wife. At the time of his death Jack’s disclosed assets to the HMRC amounted to £15.4 million, however Ruanne argued that at the time of his death Jack was worth around £445 million. Because the estate had dwindled significantly the widow argued that Jack must have given it away before he died without her knowledge.

Ruanne’s claim was for financial provision out of Jack’s estate. However it was not against the estate as declared to the HMRC but against the “net estate” which she argued should include money given to the deceased’s children and family members before his death.

Ruanne had to prove that there were dispositions less than 6 years before her husband’s death to each of the defendants and that the transactions were not of ‘fair value’. She also had to prove that those dispositions were made intentionally by the deceased to defeat her claim under the Inheritance Act – and this was the most difficult hurdle facing her claim.

The defendants made an application to strike out the widow’s case.  They mainly argued that she had not produced any evidence of the transactions and had failed to prove that the deceased’s intention was to deprive her of his estate.

The judge, Mr Justice Mostyn, explained that Mrs Dellal had put forward a strong case and that at the time of his death Jack had access to considerable resources. The evidence that had been produced however:

“Is thin as to how those resources were held, and it is a reasonable inference that most were held in trusts.” The court, however, refused to strike out her claim and said that Mrs Dellal should be given the opportunity to scrutinise the evidence of the defendants.

The judge ordered that each defendant disclose every document in their possession which shows any transfer of money after the 28^th October 2006 up until Jack’s death. These transactions had to be more than £10,000 that were given by Jack (or any entity over which he had control).

Samantha Hirst a paralegal at Ridley & Hall and contentious probate specialist says:

“The Inheritance Act is ordinarily for relatives who are in real financial need and Ruanne Dellal is clearly a wealthy woman, at least in assets. Despite this, the judge is allowing this case to proceed and giving her every opportunity to make her case.”

She goes on to say “the case also demonstrates the importance of all parties disclosing all documents relating to the case; the judge, quite rightly wasn’t prepared to strike out the claim at this early stage.”

Sam is a paralegal in the Litigation team with experience in will disputes and personal injury cases. She is able to offer no win no fee agreements for Inheritance Act claims.
She prides herself on providing an approachable, friendly service to clients and enjoys the challenge of pursuing cases for them.

For legal advice concerning Inheritance Act claims, please call us on 01484 538421.