Higgins v Morgan & ors [2022] WTLR 153

Wills & Trusts Law Reports | Spring 2022 #186

The claimant, Mr Higgins, brought a claim for reasonable provision out of the estate of the deceased, under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act), in his capacity as a person who, although not a child of the deceased, was treated by the deceased as a child of the family, within the meaning of s1(1)(d) of the 1975 Act. Mr Higgins’ mother had married the deceased when he was aged nine, and he had continued to reside with the deceased after his mother and the deceased divorced, at which time the deceased had been gr...

Hirachand v Hirachand & anr [2021] WTLR 185

Wills & Trusts Law Reports | Spring 2022 #186

The deceased left the entirety of his modest estate to the appellant, his wife of many years. At the time of the proceedings, the appellant was a frail woman in her 80s who was profoundly deaf and living in a care home. The respondent, the estranged adult daughter of the deceased, brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975. The appellant originally failed to file an acknowledgment of service and evidence in accordance with CPR 8.4-8.6. She obtained relief from sanctions by consent but failed to meet the new deadline. No further ...

Kaur v Bolina & anr [2022] WTLR 235

Wills & Trusts Law Reports | Spring 2022 #186

The claimant and the deceased were married in 2012. In 2014, the deceased petitioned for divorce and also executed a will by which he bequeathed his entire estate to his children, the defendants, leaving express wishes that the claimant should not benefit from his estate. However, he and the claimant were then reconciled and the petition withdrawn. In 2018, the deceased again petitioned for divorce, and in February 2019 he and the claimant separated with the claimant leaving the deceased’s property in Edgar Road, London, but the deceased died on 30 September 2019 before any decree. The f...

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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J & anr v S & ors [2021] WTLR 569

Wills & Trusts Law Reports | Summer 2021 #183

The claimants, being the children of the deceased, brought a claim for provision under the Inheritance (Provision for Family and Dependants) Act 1975. The deceased, their father, had been diagnosed with an incurable lung disease in 2004. The claimants’ parents had divorced in 2012. Their mother remarried shortly thereafter and relocated with the claimants to Scotland. The father had maintained weekly telephone contact with the claimants for a short period, but had paid no maintenance or child support, with the mother and her new husband paying for the claimants’ priv...

Re Noble [2020] WTLR 1371

Wills & Trusts Law Reports | Winter 2020 #181

John Robinson Noble (Mr Noble) died in 2014. The plaintiff was his youngest daughter, and the first and second defendants were respectively his eldest daughter and his son. Mr Noble left a will, of which the first defendant was the sole executrix. The will provided that Mr Noble’s estate should be held in trust for such of his children as survived him by 14 days and if more than one then in equal shares. His will expressed the wish that either of his daughters be permitted to live in his dwelling house (the family home) for so long as they require, but making clear that this expression w...

Thakare & ors v Bhusate [2020] WTLR 691

Wills & Trusts Law Reports | Summer 2020 #179

A widow brought a claim for reasonable financial provision to be made for her from her late husband’s estate. The claim was brought 25 years and nine months after the six-month time limit mandated by s4 of the Inheritance (Provision for Family and Dependants) Act 1975.

At first instance Chief Master Marsh, exercising the broad discretion afforded by s4 of the 1975 Act, gave permission for the claim to be brought, notwithstanding the extremely long time since the six-month period had expired: see Bhusate v Patel.

The facts of the...

Re H [2020] WTLR 479

Wills & Trusts Law Reports | Summer 2020 #179

The claimant daughter brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for provision out of the estate of her late father. The sole beneficiary of his estate was his widow, who was in residential care with severe health concerns, but who had been debarred from defending the proceedings by reason of non-compliance with earlier court orders. The claimant had been estranged from her parents since 2010 and had a number of health difficulties which made her unable to work. She lived in rented accommodation with two children, whose father visited them daily ...

Hendry v Hendry & Pertiwi [2020] WTLR 175

Wills & Trusts Law Reports | Spring 2020 #178

The claimant, who was born in the Philippines, married Michael Frederick Hendry (the deceased) on 31 October 2003. He was 20 years older and already had three adult children. They entered into a pre-nuptial agreement which provided that in the event of the marriage failing the claimant would receive a lump sum of £10,000 and a one-way flight to the Philippines. In the event, they separated on 24 June 2016. The deceased made a will on 6 August 2016 dividing his residuary estate equally between the first and second defendants and appointing the third defendant as executor. The claimant pet...

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...