Survivorship: The importance of the matrimonial home

Simon Goulding examines the interaction of the principle of survivorship with claims under s9 of the Inheritance (Provision for Family and Dependants) Act 1975 ‘Where a will or the rules on intestacy have failed to provide a reasonable level of financial provision for a dependant, a potentially powerful statutory provision which may reverse the effects …
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Lim v Walia [2014] EWCA Civ 1076

Wills & Trusts Law Reports | January/February 2015 #146

Jocelyn Walia died on 25 March 2011 aged 38. She had married Mr Walia in July 2003 and they had a daughter Emma-Kaur in November 2004.

In 21 May 2002, they bought a fixed-term life insurance. On the first death the survivor would be paid the sum insured. On proof of one of the life insured was suffering a terminal illness then the payment was brought forward and then no death benefit would be payable.

After they separated Mrs Walia moved to the Philippines and had a son Philip Lim in July 2009. In February 2011 she was diagnosed with terminal cancer.

Mrs Walia died i...