Wills & Trusts Law Reports | December 2014 #145The 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...
Paula Butterworth analyses the impact of the Supreme Court decision Prest in a cohabitant case ‘It was accepted by the Court of Appeal that this was not a case in which there was scope to pierce the corporate veil, so as to identify the second defendant company with the first defendant.’ The Court of Appeal …
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Brenda Long and Claire Dyer contemplate the lessons to be learnt from the Supreme Court decision in Gow v Grant Scottish lawyers identified a lack of public knowledge about the ability to pursue claims and difficulties in understanding the provisions and the advice they were given. The Scottish case of Gow v Grant [2012] recently …
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Fiona Wilson examines the approach to evidence and contributions in recent sole name cohabitant cases If the property-owning party does not want the other to acquire an interest in the property, draw up a living together agreement that makes it clear that there is no intention that that is what is to happen. When the …
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Ellie Foster summarises the Supreme Court decision in Jones v Kernott and considers its impact ‘There is a real practical difficulty when it comes to analysing the respective contributions made to a property over a long period of cohabitation.’ The Supreme Court has been tasked with an unusually high amount of family work in recent …
Continue reading "Cohabitants: Clear intentions"
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