Bhaur & ors v Equity First Trustees (Nevis) Ltd & ors WTLR(w) 2022-01

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Inheritance Act: Real world considerations

Thomas Middlehurst discusses the impact of a Court of Appeal decision concerned with a vulnerable party and the definition of liabilities when considering debts and costs The situation where a person has disqualified themselves from participating in the hearing by their conduct is wholly different from the duty to ensure effective participation by litigants who …
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Inheritance: What is financial need?

Sophia Rogers looks at a decision illuminating the position on the recovery of CFA success fees in Inheritance Act 1975 awards Unless a CFA-funded claimant can recover their success fee or a contribution thereto as part of their award, the success fee constitutes a debt which may undermine the purpose of their carefully tailored, needs-based …
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Rochford v Rochford [2021] WTLR 951

Wills & Trusts Law Reports | Autumn 2021 #184

The claimant was the daughter of the deceased and the defendant was the sister of the deceased. The deceased had made a will dated 13 September 2017. By that will the deceased had left £25,000 each to the claimant, the claimant’s son and another sister of the deceased. The remainder was left to the defendant.

The net estate was valued at around £245,000. The defendant stood to receive approximately £193,000 less legal fees.

In 1968 the deceased had separated from the claimant’s mother. Thereafter the claimant had a difficult relationship with the deceased. Prior to the birt...

The 1975 Act: After Ilott

Tara McInnes reports on a recent decision in the county court that indicates an understanding approach towards an eligible claimant with little provision and financial need The judge was keen to point out that we still have a system of testamentary freedom. To enable the courts to interfere with such freedom, it needs to be …
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Inheritance Act claims: Need, not comfort

Laura Abbott reviews the latest developments in adult claims under the Inheritance Act, as well as the controversial issue of the success fee in such claims Re H attracted further attention because it addressed the issue of whether a success fee liability due under a conditional fee agreement could form part of an award. An …
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Re H [2020] WTLR 479

Wills & Trusts Law Reports | Summer 2020 #179

The claimant daughter brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for provision out of the estate of her late father. The sole beneficiary of his estate was his widow, who was in residential care with severe health concerns, but who had been debarred from defending the proceedings by reason of non-compliance with earlier court orders. The claimant had been estranged from her parents since 2010 and had a number of health difficulties which made her unable to work. She lived in rented accommodation with two children, whose father visited them daily ...

Mistake and Inheritance Act claims: Unintended consequences

Francis Ng outlines a rare modern example of rescission for mistake in hostile proceedings Clarke is unusual in that it is a rare modern example of rescission for mistake in hostile proceedings. Deputy Master Linwood gave judgment in Clarke v Allen on 23 May 2019. The decision covered two claims by Matilda Clarke (Matilda). One …
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Inheritance Act claims: The winner takes it all?

Amanda Noyce examines recent case law to determine whether success fees are recoverable in 1975 Act claims These cases are intrinsically extremely dangerous for lawyers to undertake, particularly since the decision in Ilott. Move over Jane Austen’s Pride and Prejudice; if there was ever a prize for the best opening line, HHJ Gosnell’s comments in …
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