1975 Act Inheritance Claims

Clarke v Allen & anr WTLR(w) 2019-10

The 1975 Act: Discretion to dispose

Siân Hodgson considers the differing statuses of spouse and cohabitee in claims under the Inheritance (Provision for Family and Dependants) Act 1975 ‘While one judge may exercise his or her discretion in a different way from that of another judge (making 1975 Act claims inherently risky), it is the factors which a judge takes into …

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1975 Act Claims: Dead end

Katherine Pymont reflects on the lessons from Roberts v Fresco [2017] ‘In order for a personal representative to bring a claim, a cause of action must have vested in the deceased before his or her death.’The High Court has held in Roberts v Fresco [2017] that a husband or wife’s right to claim under the …

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