Amanda Noyce reviews the latest cases under the 1975 Act and summarises the lessons on funding such claims With regard to adult able-bodied children, there is a need to ‘prove something more’ than just the qualifying relationship. ‘Where there’s a will, there’s a way’ is a great self-motivational message – until there’s an inheritance involved. …
Continue reading "Claims by adult child beneficiaries: Is there any hope after Miles v Shearer?"
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Wills & Trusts Law Reports | Summer 2021 #183The 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...
Vlad Macdonald-Munteanu reviews the quantification of awards under the Inheritance (Provision for Family and Dependants) Act 1975 for elderly claimants ‘The take-away point is to help the court help you by ensuring that all figures are backed up with evidence and, where appropriate, expert reports.’ For many years, practitioners and judges alike have grappled with …
Continue reading "1975 Act claims: What is ‘maintenance’?"
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Wills & Trusts Law Reports | Autumn 2018 #173Wynford Hodge died on 4 February 2017 leaving a will under which he gave his residuary estate to the fourth and fifth defendants, who were tenants of one of the deceased’s properties. He made no provision for his partner, the Claimant, with whom he had lived as man and wife for 42 years. It was accepted that the Claimant was financially dependent upon the deceased immediately before his death.
In 2016 the deceased had purchased a cottage with a view to residing there with the Claimant. However, due to ill health, this plan never came to fruition. The deceased died leaving a net es...
Wills & Trusts Law Reports | Winter 2018 #170The applicant, Mr Warner, was the unmarried partner of the deceased. Before her death they had lived together for 19 years at a property in Tewkesbury. Mr Warner continued to live in this property after her death. Mrs Lewis, the daughter of the deceased, brought a claim in the County Court for possession of the property and for the return of certain items under the Torts (Interference with Goods) Act 1977. Mr Warner defended this claim, and made a separate application for relief under the Inheritance (Provision for Family and Dependants) Act 1975 (‘the 1975 Act’). It was agreed by the pa...
Wills & Trusts Law Reports | Summer 2017 #168The testatrix (T) died in 2004 leaving an adult daughter (C) from whom she had been estranged for 26 years. C had left home aged 17 to live with her boyfriend (B), of whom T disapproved. B later became C’s husband and they had five children. At the time of T’s death, C and her family lived in straitened financial circumstances: they lived in a house rented from a housing association, were reliant on benefits save for the husband’s intermittent work as a supporting actor and could not afford new household equipment or family holidays.
During the lifelong estrangement there had been...
Wills & Trusts Law Reports | October 2015 # 153The 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...
Wills & Trusts Law Reports | May 2014 #139This 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 ...
Wills & Trusts Law Reports | September 2012 #122Henry 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...
