Wills & Trusts Law Reports | July/August 2016 #161Joy Williams brought a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 against the estate of her deceased partner Norman Martin. Her claim was brought both on the basis that for a period of two years before Mr Martin’s death she had been living in the same household with him as his wife (s1(1)(ba)) and alternatively on the basis that she was wholly or partly maintained by the deceased (s1(1)(e)).
At the date of his death Mr Martin remained married to his wife Maureen Martin, though they ...
Claire Roberts outlines a case where a claim was brought under the 1975 Act by a former spouse who was also a co-habitee ‘Practitioners and laymen alike may be surprised that the apparently clear wording of a divorce order prohibiting a claim under the 1975 Act is not an absolute prohibition.’ The law of succession …
Continue reading "Inheritance Act 1975: He loves me… he loves me not"
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Wills & Trusts Law Reports | December 2014 #145The claimant (Arlene) applied for reasonable financial provision from the estate of Alonzo Legister (the deceased) as someone maintained by the deceased immediately before his death under s1(1)(e) of the Inheritance (Provision for Family and Dependants) 1975 (the 1975 Act). The claim was contested by the defendant, who was the administrator of the estate and one of the residuary beneficiaries on Alonzo’s intestacy. It was Arlene’s case that she was cohabiting with the deceased prior to his death. However, it was accepted that even on her case she wa...
Mark Keenan and Bethan Byrne examine changes to family provision claims ‘The s3 criteria effectively amount to a “balancing exercise” which the court must undertake to weigh up the competing factors in considering whether reasonable financial provision has been made for a claimant.’ The Law Commission project ‘Intestacy and Family Provision Claims on Death’ began …
Continue reading "Inheritance And Trustees: Moving with the times"
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Wills & Trusts Law Reports | November 2013 #134Kevin McIntosh (the deceased) died intestate on 13 September 2010 at the age of 34. He left a net estate of £333,564. He also left two pension scheme funds that were nominated, one in full to his estranged wife (the defendant) and the other as to 70% to the defendant and as to 10% to each of his younger brother Brian McIntosh (the claimant), his mother and his sister.
The claimant stated that the deceased had been maintaining him immediately prior to his death as he gave him monthly payments of £200 (which he spent on alcohol, cigarettes and petrol for his car). He had received t...
In the conclusion to a two-part consideration, Frances Bailey and Nikki Saxton consider definitions of cohabitation and settlement and drafting options A payee must be aware that regardless of the means of their new partner, they will have no claim personally against their cohabitant for financial support The first part of this article (‘Passing the …
Continue reading "Periodical Payments: Risk assessment"
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