T v V [2019] EWHC 214 (Fam)

WTLR Issue: 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...

Cowan v Foreman [2019] EWHC 349 (Fam)

WTLR Issue: 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...

Miles v Miles
 A00HS185

WTLR Issue: 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...

Banfield v Campbell
 [2018] EWHC 1943 (Ch)

WTLR Issue: 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...

Thompson v Raggett [2018] EWHC 688 (Ch)

WTLR Issue: Autumn 2018 #173

Wynford 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...

Martin v Williams [2017] EWHC 491 (Ch)

WTLR Issue: Autumn 2017 #169

This was an appeal against a decision of the County Court ([2016] WTLR 1075) to make reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 for Mrs Joy Williams from the estate of her deceased partner Norman Martin...

Ilott v The Blue Cross [2017] UKSC 17

WTLR Issue: Summer 2017 #168

The testatrix (T) died in 2004 leaving an adult daughter (C) from whom she had been estranged for 26 years. C had left home aged 17 to live with her boyfriend (B), of whom T disapproved. B later became C’s husband and they had five children. At the time of T’s death, C and her family lived in straitened financial circumstances: they lived in a house rented from a housing association, were reliant on benefits save for the husband’s intermittent work as a supporting actor and could not afford new household equipment or family holidays...

Lewis v Warner [2016] EWHC 1787 (Ch)

WTLR Issue: October 2016 #163

A died on 6 May 2014. A reconstituted will admitted to probate left A’s only child (L) her entire estate comprising principally of her home (the property). A had lived in the property with her partner (S) for almost 20 years. S continued to live there after A died...

Ilott v Mitson [2015] EWCA Civ 797

WTLR Issue: October 2015 # 153

The appeal concerned the quantification of an award for maintenance pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act). Section 1 of the 1975 Act confers the right on, among others, a child of the deceased to apply for an order if the will of the deceased or the intestacy rules did not make reasonable provision for that person...