Thomas Middlehurst discusses the impact of a Court of Appeal decision concerned with a vulnerable party and the definition of liabilities when considering debts and costs The situation where a person has disqualified themselves from participating in the hearing by their conduct is wholly different from the duty to ensure effective participation by litigants who …
Continue reading "Inheritance Act: Real world considerations"
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Wills & Trusts Law Reports | Autumn 2018 #173Wynford Hodge died on 4 February 2017 leaving a will under which he gave his residuary estate to the fourth and fifth defendants, who were tenants of one of the deceased’s properties. He made no provision for his partner, the Claimant, with whom he had lived as man and wife for 42 years. It was accepted that the Claimant was financially dependent upon the deceased immediately before his death.
In 2016 the deceased had purchased a cottage with a view to residing there with the Claimant. However, due to ill health, this plan never came to fruition. The deceased died leaving a net es...
Simrun Garcha discusses the lessons from Goenka v Goenka [2014] ‘If a court is satisfied that the disposition of the deceased’s estate failed to make reasonable financial provision for the applicant, it has the power to issue orders under s2 IPDFA 1975.’The High Court recently considered the constantly evolving area of law associated with inheritance …
Continue reading "Inheritance Act 1975: Importance of judicial discretion"
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Claire Roberts outlines a case where a claim was brought under the 1975 Act by a former spouse who was also a co-habitee ‘Practitioners and laymen alike may be surprised that the apparently clear wording of a divorce order prohibiting a claim under the 1975 Act is not an absolute prohibition.’ The law of succession …
Continue reading "Inheritance Act 1975: He loves me… he loves me not"
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Taylor v Bell indicates that the court has unfettered discretion to vary periodic payments under the Inheritance Act 1975. Richard Selwyn Sharpe discusses ‘Executors faced with such an application in future should be astute to examine the financial needs and resources of an applicant, while not being overzealous as to the time and expense incurred …
Continue reading "Inheritance Act 1975: Lesson plans"
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