Succession: Cultural approaches to protection in succession law

Dr Diane Le Grand de Belleroche compares the new French withholding rights with the Inheritance (Provision for Family and Dependants) Act 1975 While the new French withholding rights (‘prélèvement compensatoire‘) can, in some situations, benefit ‘each child, or his heirs or successors in title’, the Inheritance Act 1975 provides for more categories of applicants and …
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Gordon v Legister [2014] EWHC 2041 (Ch)

Wills & Trusts Law Reports | December 2014 #145

The claimant (Arlene) applied for reasonable financial provision from the estate of Alonzo Legister (the deceased) as someone maintained by the deceased immediately before his death under s1(1)(e) of the Inheritance (Provision for Family and Dependants) 1975 (the 1975 Act). The claim was contested by the defendant, who was the administrator of the estate and one of the residuary beneficiaries on Alonzo’s intestacy. It was Arlene’s case that she was cohabiting with the deceased prior to his death. However, it was accepted that even on her case she wa...

King v Dubrey & ors [2014] EWCH 2083 (Ch)

Wills & Trusts Law Reports | October 2014 #143

The deceased, June Fairbrother, (D), a retired policewoman, made a will in March 1998 leaving legacies to friends and family, the 3rd to 14th defendants ,the executors and legatees and the residue to the 15th to 21st defendants, animal charities (the charities). In June 2007 D’s nephew, Mr King, the claimant (C) had a conversation with her. She was increasingly elderly and frightened of going into a home, and he agreed to move in with her to look after her. He had spent some time in prison as a result of an offence under the Companies Act and was living in the property of a busi...

Inheritance And Trustees: Moving with the times

Mark Keenan and Bethan Byrne examine changes to family provision claims ‘The s3 criteria effectively amount to a “balancing exercise” which the court must undertake to weigh up the competing factors in considering whether reasonable financial provision has been made for a claimant.’ The Law Commission project ‘Intestacy and Family Provision Claims on Death’ began …
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McIntosh v McIntosh 1LU01921

Wills & Trusts Law Reports | November 2013 #134

Kevin McIntosh (the deceased) died intestate on 13 September 2010 at the age of 34. He left a net estate of £333,564. He also left two pension scheme funds that were nominated, one in full to his estranged wife (the defendant) and the other as to 70% to the defendant and as to 10% to each of his younger brother Brian McIntosh (the claimant), his mother and his sister.

The claimant stated that the deceased had been maintaining him immediately prior to his death as he gave him monthly payments of £200 (which he spent on alcohol, cigarettes and petrol for his car). He had received t...