Nahajec v Fowle Case No: C30LS199

WTLR Issue: Autumn 2017

IN THE MATTER OF THE INHERITANCE

(PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975

AND IN THE ESTATE OF STANLEY NAHAJEC DECEASED

ELENA ALICIA NAHAJEC

V

STEPHEN FOWLE (In His Capacity As Executor of the Estate of Stanley Nahajec Deceased and As Beneficiary of the Estate)

Analysis

By a will dated 7 July 2015 Stanley Nahajec (‘deceased’) left the whole of his estate valued at £265,710 to the defendant whom he appointed as sole executor. The deceased died on 19 July 2015 and a grant of probate to the defendant was issued on 15 October 2015. The claimant, who was one of three adult children of the deceased, brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (‘Act’) on 12 April 2016. One of her half siblings, Mark Nahajec, similarly made a claim under the act which was settled by a payment of £22,000 though his circumstances differed from those of the claimant in that he was unable to work by virtue of ill health and disability. The other half sibling, Philip Scott Nahajec, made no claim under the act. The deceased explained his reasoning for making no provision for either of his sons or daughter in an accompanying note to the effect that he had not seen or heard from any of them for the last 18 years and that they were sufficiently independent of means not to require any provisions from him.

Counsel details

Counsel Mr H Menon appeared for the Claimant Miss M Lloyd appeared for the Defendant

Cases referenced

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Legislation referenced

Legislation in bold has further reading - click to view.

  • Inheritance (Provision for Family and Dependants) Act 1975, ss 1 ' 3 & 19