Wills & Trusts Law Reports | Autumn 2022 #188The claim was brought pursuant to s1(1)(c) of the Inheritance (Provision for Family and Dependants) Act 1975 against the estate of John Nicholas Batstone Deceased (the deceased). The claimant was the deceased’s adult daughter by his first marriage. The defendant was the deceased’s widow and executor.
The deceased died on 31 March 2019, domiciled in England and Wales and leaving a will dated 2 December 2017. The total net value of the estate was £326,121, consisting of:
- (i) a 50% share in a residential property, co-owned with the defendant and valued ...
Adult claims under the 1975 Act often require more than need and a relevant relationship. Cameron Stocks explains Financial need plus relevant relationship will not always be enough. It will often be the case that there will need to be ‘something more’ to justify an award being made. The decision in Batstone v Batstone [2022] …
Continue reading "The 1975 Act: The status of adult claims and the treatment of conditional success fees"
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Wills & Trusts Law Reports | Summer 2022 #187Charles Skillett (Mr Skillett) and his wife had four children. Mr Skillett owned a smallholding and, on 7 December 2010, received a market appraisal valuing the smallholding at £50,000. On 19 May 2011, Mr Skillett and his wife made mirror wills which provided, in summary, on the death of the first spouse, for the surviving spouse to take everything absolutely, and on the death of the surviving spouse, for the smallholding to be given to their eldest son, the other three children to receive £50,000 and the residuary estate to be split equally among all four children. Mrs Skillett passed a...
Emma Collins provides a summary of case law developments regarding claims under the Inheritance (Provision for Family and Dependants) Act 1975 ‘The charities’ claim was not on a par with that of the claimant, but while the charities’ claim was not based on personal need, they depended heavily on testamentary bequests for their work.’ Family …
Continue reading "Contentious probate: Beyond the grave"
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Claims against the estate will turn on the facts, whatever the circumstances. Sabina Haag discusses the outcome of a case in which abused children were disinherited ‘According to the judge a mistake would only be relevant if it was the symptom of some underlying condition such as, for example, dementia, which removed capacity.’ Inheritance issues …
Continue reading "Wills: A legal rather than moral imperative"
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