Andrew Bishop and James McKean review a defendant’s attempts to compel a CFA-funded claimant under the Inheritance Act to take out insurance or make payments into court There is a fairly common misconception that a CFA-funded claimant is under an obligation to obtain ATE insurance to ensure their opponent’s costs can be paid. It is …
Continue reading "Inheritance Act claims: Heads I win, tails you lose – CFA-funded claims under the 1975 Act"
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Jessica Woollard and Alexandra Hirst revisit 1975 Act claims and financial remedies on divorce A former spouse or civil partner may be able to bring a claim under s81(1)(ba) of the 1975 Act if the parties legally separate and subsequently cohabit. In Chekov v Fryer [2015], the defendants applied to strike out an application under …
Continue reading "1975 Act: ‘Til death do us part?"
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Mark Blackett-Ord reports on an unusually successful award for adult children under the Inheritance (Provision for Family and Dependants) Act 1975 ‘If the first instance judge concluded that the amount that he was provisionally awarding to each claimant was not excessive for that claimant’s maintenance, and that it was all the estate could afford, then …
Continue reading "1975 Act claims: Accommodating need"
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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 | Winter 2018 #170The appellant, Matthew Miles, one of the original beneficiaries under the will of the deceased, appealed from the order of district judge Harper dated 16 December 2016. The application before the judge was for reasonable provision under the Inheritance (Provision for Family and Dependants) Act 1975 made by Marion Miles, Matthew Miles’ mother. The judge had ordered that all of the deceased’s estate should go to Marion.
There was no appeal from any of the other beneficiaries. It was accepted that the deceased had not made reasonable provision for Marion. The sole issue was ...
Wills & Trusts Law Reports | Winter 2018 #170Joe Sargeant (the deceased) died on 10 May 2005 leaving a will dated 20 February 2002. He left a surviving spouse, Audrey Sargeant (who was known as Mary), and two children, Jeff and Jane. By the will, he left his guns and fishing equipment to Jeff and the balance of his personal chattels and the benefit of a life policy worth £75,000 to Mary. The remainder of his estate was left to his trustees on discretionary trust. The class was limited to Mary, Jane and Jane’s issue. His estate was valued at just over £3.2m.
Mary brought a claim under the Inheritance (Provision for Family...
