The appeal concerned the quantification of an award for maintenance pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act). Section 1 of the 1975 Act confers the right on, among others, a child of the deceased to apply for an order if the will of the deceased or the intestacy rules did not make reasonable provision for that person. The provision was limited to awards of maintenance.
The appellant, who was an adult, was the only child of the deceased and was raised by the deceased, her father having died about t...
Continue reading "Quantum: Of greatest benefit?"
The claimant was Patricia Wright who made a claim against the estate of her mother Mary Waters. Mrs Waters died on 29 December 2010 leaving an estate worth £138,000.
Mrs Waters had two children – Patricia and David. Patricia (a widow) has one child Victoria and two grandchildren. Patricia suffers from numerous medical conditions and is wheelchair bound. Her outgoings exceed her income.
David married Susan and has four children.
Mrs Waters made a will in January 2009 leaving legacies of £5000 to each of David’s children, £7,000 between her sister-in-law and a niece an...
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...
This was an appeal against quantum in an application under the Inheritance (Provision for Family and Dependants) Act 1975. The deceased was called Melita Jackson and the appellant was her estranged daughter.
The proceedings had a protracted history. There was an initial hearing of the claim in front of District Judge Million on 7 August 2007. He found as facts that the appellant and her husband and family lived modestly in a housing association house. They were heavily dependent on state benefits. The appellant did not work and her husbands income was small. The family’s ...
Marula Christofides died on 14 May 2009 having made a will on 22 October 2008 leaving her worldwide residuary estate between her son Andreas, her two daughters Panayiota and Joanna and her granddaughter Benita.
Probate was granted in May 2010 on a net UK estate of £308,253 with a property in London valued then at £300,000 but at the time of trial worth £420,000. The deceased owned two areas of land in Cyprus – one with a house worth €280,000 and one in the Turkish Republic of Northern Cyprus owned by the deceased’s husband. His Honour Judge Hand eventually settled on £125,000 as t...
Iranian born Mrs Theodore (the testatrix) died domiciled in England on 18 February 2009. She left a will dated 29 October 2002 which distributed her £573,000 estate primarily between her adult niece and son (the first and fourth defendants). She also left a legacy of £50,000 to her then 51- year-old daughter (Ms Zarrinkhat).
Ms Zarrinkhat did not consider that reasonable financial provision for her maintenance had been made under the will and sought to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act). However she attempted to do...
Continue reading "Inheritance Act 1975 Claims: Counting the cost"
Henry Bahouse (D) died on 27 March 2005 leaving an estate of approximately £2.2m in including a flat worth approximately £400,000. He had been married twice before and there was a son of his first marriage, Gordon (G), the residuary legatee under D’s will of 24 January 1996 and one of the executors seeking permission to appeal the decision of the lower court. Cyd Negus (C) was D’s cohabitee. No provision was made for her in the will and she made various claims against the estate. In the High Court she was awarded maintenance under the Inheritance (Provision for Family and Dependents) Act...