The 1975 Act: Applying the principles

Amy Berry provides practical points on seeking to extend time under s4 of the Inheritance (Provision for Family and Dependants) Act 1975 It is of fundamental import to remember that the divorce fiction, to which the pre-acquired/non-matrimonial asset issue relates, is only one aspect of the s3 criteria that the court must weigh when considering …
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Wooldridge v Wooldridge & ors [2021] WTLR 755

Wills & Trusts Law Reports | Summer 2021 #183

The claimant was the 50-year-old widow of the deceased. She brought a claim for reasonable financial provision to be made for her from the estate of her late husband, Ian Wooldridge.

The first, second and third defendants were the executors of the estate and adopted a neutral stance. The fourth defendant was the deceased’s 28-year-old son from a previous marriage, and the fifth defendant was the deceased’s 12-year-old son.

There was some dispute over the value of the estate and the claimant’s entitlement under the deceased’s homemade last will, but a...

Cowan v Foreman [2019] EWCA Civ 1336

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...

Goenka v Goenka [2014] EWHC 2966 (Ch)

Wills & Trusts Law Reports | April 2016 #158

This was a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 by the widow of Nirupam Goenka (the deceased). The deceased was a member of a statutory pension scheme for NHS employees. The deceased and the claimant had been married for 15 years and together had three sons, aged between 11 and 16, who were represented in these proceedings by their litigation friend, the Official Solicitor. The claimant and the deceased entered into divorce proceedings and a decree nisi of divorce was made on 15 August 2012. On 7 September ...

Intestacy And Family Provision: A welcome update

In her second article, Catherine Paget looks at the consequences for family provision claims of the Law Commission’s recent report ‘A child of the deceased and the surviving spouse could not claim at all if at least two thirds of the income of the estate had been left to the surviving spouse.’ Part 1: ‘Welcome …
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