In Re K: CA 1986

The court dismissed the appeal against the exercise of discretion by Vinelott J at first instance. After hearing a detailed argument as to why the Judge had not properly exercised his discretion in making a modification order which applied to all the interest accruing to a widow on the death of her husband, Griffiths LJ concluded: ‘The discretion given to the Judge by section 2(2) is couched in the widest language. I, too, would like to pay tribute to the great care and lucidity with which the Judge reviewed all the material circumstances in this case. I have not been persuaded that any grounds have been demonstrated which would justify this court in interfering with the exercise of his discretion.’

Judges:

Griffiths, Ackner and Browne-Wilkinson LJJ

Citations:

[1986] Ch 180

Statutes:

Forfeiture Act 1982 2(2)

Jurisdiction:

England and Wales

Cited by:

CitedDunbar (As Administrator of Tony Dunbar Deceased) v Plant CA 23-Jul-1997
The couple had decided on a suicide pact. They made repeated attempts, resulting in his death. Property had been held in joint names. The deceased’s father asked the court to apply the 1982 Act to disentitle Miss Plant.
Held: The appeal was . .
Lists of cited by and citing cases may be incomplete.

Equity, Trusts

Updated: 29 May 2022; Ref: scu.185184