Cowan v Foreman & ors [2019] WTLR 707

Wills & Trusts Law Reports | Autumn 2019 #176

The appellant appealed from an order of Mostyn J by which he refused her permission pursuant to s4 of the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act) to bring an application out of time for reasonable financial provision out of the estate of her late husband (the deceased), who had died in 2016 leaving an estate of £29m. By his will the deceased left all his business assets qualifying for 100% business property relief on a discretionary trust (the business property trust) for a class of beneficiaries (the discretionary beneficiarie...

Cowan v Foreman & ors [2019] WTLR 441

Wills & Trusts Law Reports | Summer 2019 #175

The claimant applied for an order under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act), s2, against the estate of her deceased husband (the deceased). Probate of the deceased’s will was granted on 16 December 2016 and the application was made on 8 November 2018. Under s4 of the 1975 Act, except with the permission of the court any application for an order under s2 was to be made within six months of the date of the grant. This was an application for permission to make the substantive application out of t...