Thomas v Jeffery & ors [2012] EWCA Civ 693

WTLR Issue: January/February 2013 #126

RICHARD PAUL THOMAS

V

1. DAVID JEFFERY

2. JOY SWEET

3. GEMMA SWEET

Analysis

The appellant (Richard) had successfully brought an application for reasonable financial provision from the estate of his late father. This had been initially expressed as a family provision and proprietary estoppel claim for some 50% of the deceased’s estate. The proprietary estoppel claim was dropped but the level of provision claimed under the Inheritance (Provision for Family and Dependants) Act 1975 remained unaltered.

Counsel details

Anthony Trace QC and Laurie Scher (Maitland Chambers, 7 Stone Buildings, Lincoln’s Inn, London WC2A 3SZ, tel 020 7406 1200, e-mail clerks@maitlandchambers.com) instructed by Kelsall & Company (Richmond Place, 125 Boughton, Chester CH3 5BH, tel 01244 320610) for the appellant.


Alex Troup (St John’s Chambers, 101 Victoria Street, Bristol BS1 6PU, e-mail alex.troup@stjohnschambers.co.uk) instructed by Stephens & Scown (Curzon House, Southernhay West, Exeter, Devon EX1 1RS, tel 01392 210700, e-mail enquiries@stephens-scown.co.uk) for the respondents.

Cases referenced

Cases in bold have further reading - click to view.

Legislation referenced

Legislation in bold has further reading - click to view.

  • Civil Procedure Rules 1998, Part 44.3
  • Inheritance (Provision for Family and Dependants) Act 1975, ss2 and 3