Lomax v Greenslade [2018] EWHC 2623 (Ch)

Wills & Trusts Law Reports | Spring 2019 #174

The three adult children of a Mr Lomax brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against Ms Greenslade, the sole executor and beneficiary of Mr Lomax’s estate.

At trial HHJ Bailey concluded that the estate, which comprised a single property in London valued at £699,000, failed to make reasonable provision for the three children. He decided that Ms Greenslade should receive £69,000, being the sum of £20,000 which the deceased intended to give her under a draft will that was never executed, and the sum of £49,000 to cover th...

Delay: Proceed to go

Helen Cort discusses how economic uncertainty can impact on the divorce rate, and the potential pitfalls that may be encountered if divorce proceedings are delayed until more certain times ‘It is vital for spouses to seek advice on the tax implications of separation, divorce and any proposed settlement at the earliest opportunity.’ It may be …
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Delay: Measuring time

Matthew Taylor looks at delay in financial proceedings and the more generous approach taken by the court in Briers v Briers ‘The judgment in Briers makes it clear that a delay in launching an application does not prevent the court making an award on a sharing basis.’It seems that, much like buses, you wait an …
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Beckett & anr v McMillan & anr [2015] NICh 8

Wills & Trusts Law Reports | September 2015 #152

Beatrice Maeve Beckett was born on 15 March 1939. She married the late Raymond Walter Beckett (the deceased) on 6 August 1958. They had two sons. They eventually separated, after a series of what Mrs Beckett described as the ‘lengthy adulterous relationships’ on the part of the deceased.

The deceased eventually began cohabiting with Evangeline Jemima Herd, and they were living together as man and wife at the time of his death on 27 May 1997. He left a will of 8 February 1996 under which the entirety of his estate passed to Ms Herd.

Mrs Beckett issued proceedings...

Muckian & anr v Hoey & ors [2014] NICh 11

Wills & Trusts Law Reports | September 2014 #142

The deceased had died suddenly without making a will, with his wife, the first defendant, being appointed as the administratrix of his estate. Disagreement arose in relation to the administration of the estate, and the plaintiffs, two of the deceased’s daughters, issued proceedings pursuant to Art 35 of the Wills and Administration Proceedings (Northern Ireland) Order 1994, seeking removal of the existing administratrix and the appointment of a neutral professional person as administrator.

Held

Removing the first defendant as administratrix and app...