Inheritance (Family Provision) Act 1938

Francis Taylor Building |

Wilson Nesbitt |

DQ Advocates Ltd |

Shoosmiths LLP and New Square Chambers |

JUDGMENT MR EDWIN JOHNSON QC: Introduction [1] This is an appeal against a decision of Chief Master Marsh to grant permission for the making of a claim, out of time, pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (‘the 1975 Act’). [2] The claim concerns the estate of Mr. Kashinath Vithoba Bhusate …

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Roberts & anr v Fresco  [2018] WTLR 309

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Ashfords LLP and No5 Chambers |

Seymour Law LLP |

BeFair Avocats |

Thomson Snell & Passmore and Ten Old Square |

Francis Taylor Building |

Wilson Nesbitt |

DQ Advocates Ltd |

Shoosmiths LLP and New Square Chambers |

JUDGMENT MR S MONTY QC: Introduction [1] The claimants’ application raises the question of whether a potential Inheritance Act claim by a surviving husband against his deceased wife’s estate abates on the death of the husband. [2] On 10 November 2016 Master Clark directed the hearing of this question as a preliminary issue in this …

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Ilott v The Blue Cross & ors [2017] WTLR 533

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Ashfords LLP and No5 Chambers |

Seymour Law LLP |

BeFair Avocats |

Thomson Snell & Passmore and Ten Old Square |

Francis Taylor Building |

Wilson Nesbitt |

DQ Advocates Ltd |

Shoosmiths LLP and New Square Chambers |

LORD HUGHES: (with whom Lord Neuberger, Lady Hale, Lord Kerr, Lord Clarke, Lord Wilson and Lord Sumption agree) [1] Unlike some other systems, English law recognises the freedom of individuals to dispose of their assets by will after death in whatever manner they wish. There are default succession rules in the event of intestacy, but …

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Swetenham v Walkley & anr 2CL10307

Stevens & Bolton and RBC Brewin Dolphin |

Ashfords LLP and No5 Chambers |

Seymour Law LLP |

BeFair Avocats |

Thomson Snell & Passmore and Ten Old Square |

Francis Taylor Building |

Wilson Nesbitt |

DQ Advocates Ltd |

Shoosmiths LLP and New Square Chambers |

JUDGMENT JUDGE WALDEN-SMITH: (Transcript prepared without access to documentation re checking appearances, accuracy of quotes; spellings, etc) [1] This is a claim brought by Beryl Janeete Swetenham, a protected party, by her litigation friend, her son, Simon Randall Swetenham. The claim is brought pursuant to the provisions of ss1 and 2 of the Inheritance Provision …

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Inheritance (Family Provision) Act 1938

Thakare & ors v Bhusate [2020] WTLR 691

Roberts & anr v Fresco  [2018] WTLR 309

Ilott v The Blue Cross & ors [2017] WTLR 533

Swetenham v Walkley & anr 2CL10307