Pt III, MFPA 1984: End of the road?

Ellie Foster and Claire Hunter question whether the idiom ‘till death us do part’ really applies where money is concerned In Hasan, Mostyn J identified clear inconsistencies between the courts’ treatment of a party pursuing an undetermined claim on death as against appealing a decision on death. Claims under Pt III, Matrimonial and Family Proceedings …
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Roberts & anr v Fresco
 [2018] WTLR 309

Wills & Trusts Law Reports | Spring 2018 #171

The High Court was asked to determine, as a preliminary issue, whether a potential claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act) by a surviving husband against his late wife’s estate abated on the death of the husband. The wife (Mrs Milbour) died on 5 January 2014, the husband (Mr Milbour) shortly thereafter on 20 October 2014. Mr Milbour did not bring a claim under the 1975 Act against 
Mrs Milbour’s estate during his lifetime.

The net value of Mrs Milbour’s estate was £16,776,054. By her will Mrs Milbour left...