Kaur v Dhaliwal & anr [2014] EWHC 1991 (Ch)

Wills & Trusts Law Reports | October 2014 #143

The claimant had made an application under the Inheritance (Provision for Family and Dependants) Act 1975 (Act) for provision out of the estate of Harcharan Singh Dhaliwal (deceased) who died on 7 June 2009. The question had arisen, as a preliminary issue, whether the claimant was a person who ‘during the whole of the period of two years immediately before the date when the deceased died… was living (a) in the same household as the deceased, and (b) as the… wife of the deceased’ within the meaning of s1(1A) of the Act. The claimant and the deceased ...

Swetenham v Walkley & anr 2CL10307

Wills & Trusts Law Reports | June 2014 #140

The claimant brought a claim for reasonable financial provision under the Inheritance Provision for Family & Dependents Act 1975, against the estate of Alexander Graham Bryce (the deceased), on the basis that she had been living in the same household as the deceased, as his wife, in accordance with s1(A) of the Act. Otherwise, as the deceased had died intestate, his c£600,000 estate fell to be distributed to his numerous intestacy beneficiaries, a class to which the claimant, who was never married to the deceased, did not belong.

The first issue before the court was w...