Banfield v Campbell
 [2018] WTLR 781

Wills & Trusts Law Reports | Autumn 2018 #173

The claimant was a cohabitant with the late Sarah Elizabeth Campbell (‘deceased’) at 3 Westville Road, Thames Ditton (‘property’). The deceased had previously been married to Neil Robert Campbell, with whom she had a son, the defendant. Mr Campbell died on 27 October 1992 and, a year or two later, a romantic relationship developed between the claimant and the deceased. In around 2001, the claimant moved into the property to live with the deceased though he continued to stay with his elderly mother for several days and nights each week until she died in 2010. The claimant’s relationship w...

Williams v Martin

Wills & Trusts Law Reports | July/August 2016 #161

Joy Williams brought a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 against the estate of her deceased partner Norman Martin. Her claim was brought both on the basis that for a period of two years before Mr Martin’s death she had been living in the same household with him as his wife (s1(1)(ba)) and alternatively on the basis that she was wholly or partly maintained by the deceased (s1(1)(e)).

At the date of his death Mr Martin remained married to his wife Maureen Martin, though they ...

Ilott v Mitson [2015] EWCA Civ 797

Wills & Trusts Law Reports | October 2015 # 153

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...

Gordon v Legister [2014] EWHC 2041 (Ch)

Wills & Trusts Law Reports | December 2014 #145

The claimant (Arlene) applied for reasonable financial provision from the estate of Alonzo Legister (the deceased) as someone maintained by the deceased immediately before his death under s1(1)(e) of the Inheritance (Provision for Family and Dependants) 1975 (the 1975 Act). The claim was contested by the defendant, who was the administrator of the estate and one of the residuary beneficiaries on Alonzo’s intestacy. It was Arlene’s case that she was cohabiting with the deceased prior to his death. However, it was accepted that even on her case she wa...

Ilott v Mitson & ors [2014] EWHC 542 (Fam)

Wills & Trusts Law Reports | May 2014 #139

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 ...