Chekov v Fryer & anr [2021] WTLR 441

Wills & Trusts Law Reports | Summer 2021 #183

The claimant was the former spouse of the deceased. They were divorced in the Southampton County Court and by an order dated 6 May 1982 (the order) it was provided that neither party was entitled to make a claim against the estate of the other under the Inheritance (Provision for Family and Dependants) Act 1975 (1975 Act) unless the parties remarried. Although the parties did not remarry, by the time of the deceased’s death they were living under the same roof. The defendants, who were the two sons and executors of the deceased, denied that the claimant and the de...

Ilott v The Blue Cross [2017] UKSC 17

Wills & Trusts Law Reports | Summer 2017 #168

The testatrix (T) died in 2004 leaving an adult daughter (C) from whom she had been estranged for 26 years. C had left home aged 17 to live with her boyfriend (B), of whom T disapproved. B later became C’s husband and they had five children. At the time of T’s death, C and her family lived in straitened financial circumstances: they lived in a house rented from a housing association, were reliant on benefits save for the husband’s intermittent work as a supporting actor and could not afford new household equipment or family holidays.

During the lifelong estrangem...

Maintenance Agreements: Dead letters?

Joanne Hall highlights the potential rebirth of maintenance agreements together with practice and procedure ‘Once it is established that a maintenance agreement is valid, meeting the formalities required, a court can vary or alter the agreement during the lifetime of the parties, when both parties are domiciled and habitually resident in England and Wales.’ In …
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Marital Agreements: Final word

In the first of a two-part analysis Che Meakins discusses different types of agreements between parties in family proceedings and their impact ‘Unless there are “compelling reasons to the contrary”, an agreement should be given effect to where it is freely entered into by both parties.’ The rise of alternative dispute resolution methods may make …
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Separation Agreements: No second chance

Amy Harris contemplates the finality of separation agreements and applications to show cause ‘The court found that both parties gained from the agreement in one way or another and it was not until 20 years later that the wife sought to revisit the separation agreement on the basis that she had fallen upon hard times.’ …
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