While it may be uncommon, the fact that a claimant stands to inherit whatever may fall into the actual death estate does not preclude an order being made under sections 10 and 2 in her favour. Judges: Campbell J Citations: [1995] NIJB 46 Statutes: Inheritance (Provision for Family and Dependants) Act 1975 10 13 Cited … Continue reading Morrow v Morrow: 1995
Claims by adult children of deceased in first marriage against estate. Judges: Sir Julian Flaux C Citations: [2021] EWHC 1000 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 01 December 2022; Ref: scu.662213
The deceased’s adult son sought provision from the intestate estate. The sole beneficiary under the rules was the plaintiff’s mother. The estate was modest; the intestate’s interest in his house (he had been living there with the plaintiff). The widow was found to have a one third interest in it. The judge took the disposable … Continue reading In Re Coventry (deceased): CA 3 Jan 1979
The families disputed a claim under the 1975 Act. The defendants now sought summary dismissal of the claim. Judges: Mostyn J Citations: [2015] EWHC 907 (Fam) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Citing: Cited – Kemmis v Kemmis (Welland and Others Intervening) CA 1988 H had … Continue reading Dellal v Dellal and Others: FD 1 Apr 2015
The claimant sought reasonable provision from the estate of her late husband. She suffered advanced multiple sclerosis, and the estate was relatively small, from which she was to receive pounds 40,000. She sought all of it. Held: It would be wrong to grant the claimant the entire estate. She should be awarded a life interest … Continue reading Moore v Holdsworth and Others: ChD 12 Mar 2010
Judges: Eleanor King J Citations: [2010] 1 FLR 1613, [2009] EWHC 3114 (Fam) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Citing: Cited – In Re Coventry (deceased) CA 3-Jan-1979 The deceased’s adult son sought provision from the intestate estate. The sole beneficiary under the rules was the … Continue reading H v Mitson and Others: FD 1 Dec 2009
The husband and wife had made mirror wills. They divorced, and the husband made a new will. After his death, the child and the third wife of the deceased made a claim against the second wife. Held: The wills were in identical terms, but nevertheless, fell short of having full and explicit status as mutual … Continue reading Goodchild v Goodchild: ChD 13 Dec 1995
What is reasonable provision for daughter? The deceased had left her estate in her will to several animal charities. The claimant, her daughter, had been estranged from her mother for many years, and sought reasonable provision from her estate under the 1975 Act. The district judge had rejected her claim. Held: The appeal by the … Continue reading Ilott v The Blue Cross and Others: SC 15 Mar 2017
The adult non-dependent son of the deceased claimed provision from his father’s estate. He had been separated from his father since being a young child, and had received almost nothing. He was a married adult son living with his family in comfortable circumstances, on a good income from two businesses. Held: The claim failed. A … Continue reading Harlow v National Westminster Bank Plc and Others; in re Jennings Dec: CA 13 Dec 1993
Citations: [2018] EWHC 1396 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 26 April 2022; Ref: scu.621076
Judges: Holman J Citations: [2018] EWHC 906 (Fam) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate, Trusts Updated: 13 April 2022; Ref: scu.609107
The claimant had cared for his elderly mother who ‘shunned any type of ‘officialdom’ including doctors and home helps.’ However, the claimant so neglected her that she suffered severe bed sores which had become infected in consequence of her lying in her own excrement. The claimant had pleaded guilty to manslaughter. The court was asked … Continue reading Land v Land; In re Land, deceased: ChD 13 Jul 2006
The son of the deceased challenged the testamentary capacity of the testator and further claimed under the 1975 Act. The deceased was disabled and had substantial difficulty communicating. Held: The will was validly made. Logically it is possible to lose testamentary capacity and yet retain capacity to know and approve the contents of a will. … Continue reading Perrins v Holland and Another: ChD 31 Jul 2009
The question was whether the deceased had lost his domicile of birth and acquired one of choice when living and working in the UK for 43 years. He had retained land in Cyprus, but lived here. Held: He had retained his domicile of birth: ‘marriage by a man with a domicile of origin in one … Continue reading Agulian and Another v Cyganik: CA 24 Feb 2006
The deceased and his wife made wills in virtually identical form. The husband changed his will after their divorce, but his son and other wife claimed that the couple had intended the wills to be part of a larger arrangement of their affairs, creating a trust from which he should not resile, and an exceptional … Continue reading Goodchild and Another v Goodchild: CA 2 May 1997
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