Delaforte v Flood & anr [2021] WTLR 499

Wills & Trusts Law Reports | Summer 2021 #183

The claimant was the granddaughter of the deceased who brought a claim for reasonable financial provision out of the estate under the Inheritance (Provision for Family and Dependants) Act 1975 (1975 Act). The defendants, both children of the deceased, were the executors and beneficiaries under her will. The deceased, who had been diagnosed with vascular dementia, had fallen and broken her hip, resulting in surgery and a spell in hospital. The medical advice was that she could not return home unless care was provided. The claimant, with the agreement of the defendants, m...

Wooldridge v Wooldridge & ors [2021] WTLR 755

Wills & Trusts Law Reports | Summer 2021 #183

The claimant was the 50-year-old widow of the deceased. She brought a claim for reasonable financial provision to be made for her from the estate of her late husband, Ian Wooldridge.

The first, second and third defendants were the executors of the estate and adopted a neutral stance. The fourth defendant was the deceased’s 28-year-old son from a previous marriage, and the fifth defendant was the deceased’s 12-year-old son.

There was some dispute over the value of the estate and the claimant’s entitlement under the deceased’s homemade last will, but a...

Re Noble [2020] WTLR 1371

Wills & Trusts Law Reports | Winter 2020 #181

John Robinson Noble (Mr Noble) died in 2014. The plaintiff was his youngest daughter, and the first and second defendants were respectively his eldest daughter and his son. Mr Noble left a will, of which the first defendant was the sole executrix. The will provided that Mr Noble’s estate should be held in trust for such of his children as survived him by 14 days and if more than one then in equal shares. His will expressed the wish that either of his daughters be permitted to live in his dwelling house (the family home) for so long as they require, but making clear that this expression w...

Shapton v Seviour [2020] WTLR 1047

Wills & Trusts Law Reports | Autumn 2020 #180

The claimant was the daughter of the late Mr Colin John Seviour. The defendant was Mr Seviour’s second wife. Under the terms of Mr Seviour’s will the defendant was to take the entire estate outright. Mr Seviour died on 8 August 2016. His estate was sworn at £268,000 of which £215,000 was comprised in his share of the matrimonial home he had held under a tenancy in common together with the defendant.

In 2017 the defendant was diagnosed with Motor Neurone Disease. In order to retain her independence she had to have the matrimonial home modified to accommodate her needs. The defendan...

T v V [2019] EWHC 214 (Fam)

Wills & Trusts Law Reports | Autumn 2019 #176

The Claimant had been in a relationship with the deceased for about fifteen years up to his death on 26 June 2016. She brought a claim against the estate for reasonable financial provision under the Inheritance (Provision for Family and Dependents) Act 1975 (‘1975 Act’) in October 2017. The Claimant’s case was that there were significant periods of cohabitation during which the deceased supported her financially and that she was therefore a dependent within the meaning of s1(1)(e) of the 1975 Act. This was disputed by the Defendants and the ma...

Cowan v Foreman [2019] EWHC 349 (Fam)

Wills & Trusts Law Reports | Summer 2019 #175

The claimant applied for an order under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act), s2, against the estate of her deceased husband (the deceased). Probate of the deceased’s will was granted on 16 December 2016 and the application was made on 8 November 2018. Under s4 of the 1975 Act, except with the permission of the court any application for an order under s2 was to be made within six months of the date of the grant. This was an application for permission to make the substantive application out of t...

Bhusate v Patel [2018] EWHC 2362 (Ch)

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Blackwell Deceased [2017] EWCA 2182 (Civ)

Wills & Trusts Law Reports | Winter 2018 #170

The applicant, Mr Warner, was the unmarried partner of the deceased. Before her death they had lived together for 19 years at a property in Tewkesbury. Mr Warner continued to live in this property after her death. Mrs Lewis, the daughter of the deceased, brought a claim in the County Court for possession of the property and for the return of certain items under the Torts (Interference with Goods) Act 1977. Mr Warner defended this claim, and made a separate application for relief under the Inheritance (Provision for Family and Dependants) Act 1975 (‘the 1975 Act’). It was agreed by the pa...

Miles v Miles

Wills & Trusts Law Reports | Winter 2018 #170

The 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 ...

Banfield v Campbell
 [2018] EWHC 1943 (Ch)

Wills & Trusts Law Reports | Autumn 2018 #173

The claimant was a cohabitant with the late Sarah Elizabeth Campbell (‘deceased’) at 3 Westville Road, Thames Ditton (‘property’). The deceased had previously been married to Neil Robert Campbell, with whom she had a son, the defendant. Mr Campbell died on 27 October 1992 and, a year or two later, a romantic relationship developed between the claimant and the deceased. In around 2001, the claimant moved into the property to live with the deceased though he continued to stay with his elderly mother for several days and nights each week until she died in 2010. The claimant’s relationship w...