Jamie Randall examines a case of an aristocratic family estrangement and an adult claim under the 1975 Act ‘Although the starting point is testamentary freedom, there is no escaping that the purpose of the Act is to give effect to some sort of moral obligation to provide for surviving family members and dependants.’ In Wellesley …
Continue reading "The 1975 Act: Drink, drugs and bohemia"
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Emma Collins provides a summary of case law developments regarding claims under the Inheritance (Provision for Family and Dependants) Act 1975 ‘The charities’ claim was not on a par with that of the claimant, but while the charities’ claim was not based on personal need, they depended heavily on testamentary bequests for their work.’ Family …
Continue reading "Contentious probate: Beyond the grave"
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Wills & Trusts Law Reports | Autumn 2017 #169This was an appeal against a decision of the County Court ([2016] WTLR 1075) to make reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 for Mrs Joy Williams from the estate of her deceased partner Norman Martin. Under the terms of Mr Martin’s last will his entire estate passed to Mrs Maureen Martin, Mr Martin’s wife, from whom he was separated, but to whom he remained married until the date of his death. Mr and Mrs Martin had not divorced but they had made an informal arrangement regarding their separation.
HHJ Gerald made an order ...
Siân Hodgson considers the differing statuses of spouse and cohabitee in claims under the Inheritance (Provision for Family and Dependants) Act 1975 ‘While one judge may exercise his or her discretion in a different way from that of another judge (making 1975 Act claims inherently risky), it is the factors which a judge takes into …
Continue reading "The 1975 Act: Discretion to dispose"
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Yorke Eaton and Christopher Noel examine whether the Supreme Court decision in Ilott v The Blue Cross reinforces the principle of testamentary freedom in financial provision cases ‘I(PFD)A 1975 requires a broad-brush approach from the judge to very variable personal and family circumstances.’ On 15 March 2017 the Supreme Court handed down its judgment in …
Continue reading "Inheritance Act: Competing claims"
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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 …
Continue reading "Survivorship: The importance of the matrimonial home"
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Lottie Tyler reviews how an adult child’s conduct can affect a claim brought under the Inheritance Act (Provision for Family and Dependants) 1975 ‘It appears that the courts will often focus on preserving a wide discretion, but this creates a level of unpredictability as to the weight conduct is given.’ The successful claims brought by …
Continue reading "Inheritance Act: Cutting the cord"
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Wills & Trusts Law Reports | October 2016 #163A died on 6 May 2014. A reconstituted will admitted to probate left A’s only child (L) her entire estate comprising principally of her home (the property). A had lived in the property with her partner (S) for almost 20 years. S continued to live there after A died.
L, as executrix of A’s estate, issued a claim for possession of the property, damages for trespass and mesne profits against S. S issued an application under the Inheritance (Provision for Family and Dependants) Act 1975. Both claims were heard before Recorder Christopher Gardner QC.
There was no real dispute as ...
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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The Court of Appeal judgment in Ilott v Mitson highlights the problem of quantifying reasonable financial provision for the adult child under s2 of the I(PFD)A 1975. Miranda Allardice explains ‘To some the passing of wealth outside the immediate family is anathema; to others it is a valuable freedom.’ The issue of quantum in the …
Continue reading "Quantum: Of greatest benefit?"
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