Citations: [2019] EWHC 1610 (Fam) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Family, Wills and Probate Updated: 17 July 2022; Ref: scu.639770
Judges: Deputy Master Mcquail Citations: [2022] EWHC 3013 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 31 December 2022; Ref: scu.683574
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
Application to withdraw from order made by consent. Citations: [2001] EWCA Civ 1436 Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 26 November 2022; Ref: scu.201358
The claimant sought provision under the 1975 Act from the estate of his deceased wife. Judges: Behrens J Citations: [2008] WTLR 1675, [2008] Fam Law 844, [2008] EWHC 810 (Ch), [2009] 1 FLR 747, [2009] 2 FCR 631 Links: Bailii Statutes: Inheritance (Provision For Family and Dependants) Act 1975 Jurisdiction: England and Wales Citing: Cited … Continue reading Barron v Woodhead and Another: ChD 25 Jun 2008
Citations: [2014] EWHC 2966 (Ch), [2016] 2 WLR 170, [2016] WTLR 417, [2015] 4 All ER 123, [2015] 3 FCR 207 Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 22 November 2022; Ref: scu.538048
Citations: [1998] EWCA Civ 1090 Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate, Family Updated: 19 November 2022; Ref: scu.144569
Judges: Sir Nicholas Wall P FD, Lloyd, Sullivan JJ Citations: [2012] EWCA Civ 1268 Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Citing: See Also – Holliday and Another v Musa and Others CA 30-Mar-2010 The adult children of the deceased appealed against a finding that their father … Continue reading Musa and Others v Holliday and Others: CA 15 Oct 2012
Citations: [1997] EWCA Civ 1847 Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate, Family Updated: 05 November 2022; Ref: scu.142243
The beneficiaries under the will appealed against an order under the 1975 Act, effectively transferring the entire estate to the surviving spouse. Held: The effect of sections 1, 2 and the other material provisions of the 1975 Act is that on every application under it the court must ask itself two questions: first, has reasonable … Continue reading Krubert, Re; Krubert v Davis and Others: CA 27 Jun 1996
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 court was asked whether the Claimant is a person to whom section 1(1A) of the 1975 Act applies, namely a person who ‘during the whole of the period of two years immediately before the date when the deceased died . . was living (a) in the same household as the deceased, and (b) as … Continue reading Kaur v Dhaliwal and Another: ChD 17 Jun 2014
Judges: HHJ Johns KC Sitting as a Judge of the High Court Citations: [2022] EWHC 2383 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 14 October 2022; Ref: scu.681343
Judges: Upper Tribunal Judge Mark West Sitting as a Judge of the High Court Citations: [2022] EWHC 2309 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 05 October 2022; Ref: scu.681006
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
Citations: [2007] EWHC 2628 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate, Trusts Updated: 11 September 2022; Ref: scu.261460
The separated widow and the deceased’s daughter sought reasonable provision from the estate. Judges: Purle QC HHJ Citations: [2010] EWHC 3443 (Ch), [2011] WTLR 583 Links: Bailii Statutes: Inheritance (Provisions for Family and Dependants) Act 1975 Jurisdiction: England and Wales Cited by: Cited – Ilott v The Blue Cross and Others SC 15-Mar-2017 What is … Continue reading Hope and Another v Knight: ChD 15 Dec 2010
The claimant had cohabited with the deceased. After his death, she applied for a grant of letters of administration in his estate, but this was rejected on the basis that she had no sufficient interest to make a claim to probate. The deceased had died but shortly after his divorce the defendants said that he … Continue reading O’Brien v Seagrave and Another: ChD 23 Mar 2007
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 claimant sought additional provision from her father’s estate. She said that the will failed to make reasonable provsion for her, bearing in mind her extreme financial needs. She was a single mother of three. Held: The claim failed. Michael Furness QC J said: ‘the most important factors are first the financial position of the … Continue reading Garland v Morris and Another: ChD 11 Jan 2007
The Court considered the circumstances in which it is appropriate to grant permission under section 4 of the Inheritance (Provision for Family and Dependants) Act 1975 (the ‘1975 Act’) to allow an application for an order under section 2 of the 1975 Act to be made out of time. Citations: [2019] EWCA Civ 1336 Links: … Continue reading Cowan v Foreman and Others: CA 30 Jul 2019
A widow had thought that she was to receive the bulk of her husband’s estate by survivorship, but discovered, only out of time and after the six months limit, that this was not the case. She applied for leave to apply out of time to rectify the will, saying that the revocation of the necessary … Continue reading In Re the Estate of Ronald Ernest Chittock (Deceased); Chittock v Stevens and Others: ChD 5 Apr 2000
Judges: Shuman J Citations: [2019] EWHC 1976 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 2 Jurisdiction: England and Wales Wills and Probate Updated: 19 July 2022; Ref: scu.640059
Claim by widow of deceased businessman – interest in former business. Judges: Paul Chaisty QC HHJ Citations: [2008] EWHC 977 (Ch), [2008] WTLR 1317, [2008] Fam Law 625, [2008] 2 FLR 1956 Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 18 July 2022; Ref: … Continue reading Baker v Baker and others: ChD 20 Mar 2008
Judges: Linwood DM Citations: [2019] EWHC 1193 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 17 July 2022; Ref: scu.639275
Application for order of third party debt order in proceedings in the 1975 Act. Judges: Patten J Citations: [2007] EWHC 2419 (QB) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 08 July 2022; Ref: scu.266625
Judges: Behrens J Citations: [2009] EWHC 1795 (Ch), [2009] WTLR 1175, [2009] Fam Law 808 Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 05 July 2022; Ref: scu.361470
The claimant sought to appeal against a decision on quantum made under the 1975 Act. The court had awarded her pounds 50k in capital by way of maintenance from her mother’s estate, where the mother had left the estate to animal charities. She had been estranged from her mother for many years. Held: The appeal … Continue reading Ilott v Mitson and Others: FD 3 Mar 2014
The claimant, the estranged adult daughter of the deceased, had claimed under the 1975 Act. The judge made an order for payment of pounds 50,000 by way of capitalisation of maintenance. The claimant appealed saying she should have received more, and the charities (beneficiaries under the will) said that no payment should have been ordered … Continue reading Ilott v Mitson and Others: CA 31 Mar 2011
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
Application for leave to appeal from rejection of claim under 1975 Act. Citations: [2001] EWCA Civ 612 Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 2 Jurisdiction: England and Wales Wills and Probate Updated: 27 June 2022; Ref: scu.218047
The testator added a codicil to her will providing that a gift to a beneficiary would be avoided if the will was challenged. She contested the clause saying it was against public policy insofar as it sought to discourage use of the Act. Held: Though a condition which might lead to forfeiting a benefit under … Continue reading Nathan v Leonard and Others: ChD 28 May 2002
Citations: [2001] EWCA Civ 439 Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 11 June 2022; Ref: scu.200891
The claimant the survivor of a long term relationship with the deceased claimed for provision form his estate, and an interest in the house under a constructive trust. The parties had moved several times buying and selling properties. Held: The claim for a constructive trust failed. The parties had latterly kept their properties and financial … Continue reading Cattle v Evans and Another: ChD 19 Apr 2011
The adult children of the deceased appealed against a finding that their father had died domiciled in the UK, and allowing an application under the 1975 Act. He had a domicile of origin in Cyprus but had lived in England since 1958. Judges: Waller VP, Rix Wilson LJJ Citations: [2010] 2 FLR 702, [2010] EWCA … Continue reading Holliday and Another v Musa and Others: CA 30 Mar 2010
The claimant said that before her death, the now deceased testator had handed the deeds of the house to him saying that she was giving the house to him. He said it was a donatio mortis causa gift. Judges: Charles Hollander QC Citations: [2014] EWHC 2083 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and … Continue reading King v Dubrey and Others: ChD 1 Jul 2014
Application by the claimant under section 4 of the Inheritance (Provision for Family and Dependants) Act 1975 for permission to make a substantive application under section 2 of that Act against the estate of her deceased husband Michael Anthony Cowan. Judges: Mostyn J Citations: [2019] EWHC 349 (Fam) Links: Bailii Jurisdiction: England and Wales Wills … Continue reading Cowan v Foreman and Others: FD 25 Feb 2019
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
The adult daughter claimed against her father’s estate. The claimant’s father had left his estate to his widow and the children that he had with her. Held: Munby J made an award under the Act to an adult child of the deceased, part of which was to pay off debts incurred by the claimant. However, … Continue reading Myers v Myers and Others; In the estate of Geoffrey Holt Myers (deceased): FD 2004
The defendant, a child of the deceased, sought leave to appeal out of time, against an order. The appeal was forty weeks out of time. The father’s female partner had succeeded in a claim under the 1975 Act. The settlement of her claim had been opposed by the defendant, one of his sons, who had … Continue reading Fellows, Brennan v Page, Spring, Spring, Spring, Spring and Spring: CA 20 Feb 1998
The applicant held a tenancy of the deceased, but claimed nevertheless under the Act as a dependent. Held: If as in this case there was a close personal friendship, and a proven wish by the deceased to contribute substantially to the applicant’s maintenance, the existence of a tenancy agreement would not be fatal to a … Continue reading Rees v Newbery and Institute of Cancer Research: 1998
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
Request for construction of clause in the will Citations: [2018] EWHC 1069 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 22 April 2022; Ref: scu.616148
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 sought an order that the period prescribed by section 4 of the 1975 Act for the making of an application for an order under Section 2 (ibid.) (ie, 6 months) in relation to her deceased husband’s estate be extended (by 5 months) to the date of the issue of her Part 8 Claim. … Continue reading Kaur v Bolina and Another: FD 29 Oct 2021
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
Judges: Roger Kaye QC J Citations: [2011] EWHC 903 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 28 January 2022; Ref: scu.434887
Mr Recorder Halpern QC [2016] EW Misc B67 (CC) Bailii Inheritance (Provision for Family and Dependants) Act 1975 England and Wales Wills and Probate Updated: 25 January 2022; Ref: scu.571014
McGowan J [2016] EWHC 2349 (QB) Bailii Inheritance (Provision for Family and Dependants) Act 1975 England and Wales Wills and Probate, Professional Negligence Updated: 24 January 2022; Ref: scu.570511
Approval of compromise of claim. Deputy Master Mcquail [2021] EWHC 3485 (Ch) Bailii Inheritance (Provision for Family and Dependants) Act 1975 England and Wales Wills and Probate Updated: 07 January 2022; Ref: scu.670678
The claimant was the adult and long estranged daughter of her now deceased mother. The mother’s will left the estate entirely to animal charities. The daughter sought reasonable provision under the 1975 Act. Held: The claimant’s appeal succeeded. The District Judge had made two ‘fundamental’ errors of principle, and these allowed the appeal court to … Continue reading Ilott v Mitson and Others: CA 27 Jul 2015
The parties lawyers had proposed a Early Neutral Evaluation of the case anticipating mediation. The parties disputed inheritance challenges to the will. Held: ‘The advantage of such a process over mediation itself is that a judge will evaluate the respective parties’ cases in a direct way and may well provide an authoritative (albeit provisional) view … Continue reading Seals and Another v Williams: ChD 15 May 2015
Lady Justice King, Lord Justice Singh, And, Sir Patrick Elias [2021] EWCA Civ 1498 Bailii, Judiciary Inheritance (Provision for Family and Dependants) Act 1975 England and Wales Wills and Probate Updated: 29 December 2021; Ref: scu.668617
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 court was asked: ‘where the proceeds of a fixed term joint life policy are paid over as the result of the death of the first of the joint lives insured, but in circumstances where it is to be assumed that the payment of the sum insured might have been brought forward on the footing … Continue reading Lim and Others v Walia: ChD 26 Sep 2012
[2019] EWHC 3101 (Fam) Bailii Inheritance (Provision for Family and Dependants) Act 1975 5 England and Wales Wills and Probate Updated: 01 December 2021; Ref: scu.648687
[1996] EWCA Civ 1359 Bailii Inheritance (Provision for Family and Dependants) Act 1975 2 England and Wales Wills and Probate Updated: 30 November 2021; Ref: scu.653895
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
HHJ David Cooke [2021] EWHC 2598 (Ch) Bailii Inheritance (Provision for Family and Dependants) Act 1975 England and Wales Wills and Probate Updated: 09 November 2021; Ref: scu.668323
The claimant sought provision from her late mother’s estate under the 1975 Act, and asserting a proprietary estoppel. The mother had transferred andpound;10,000 to the daughter several years before. The mother had said it was to be invested on her behalf, and he claimant said it had been a gift. On falling out, the claimant … Continue reading Wright v Waters and Another: ChD 6 Nov 2014
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
The court ordered, from a very large estate, provision which included housing, but he did so by way not of an outright capital sum but of a life interest in a trust fund together with power of advancement designed to cater for the possibility of care expenses in advanced old age. If housing is provided … Continue reading Myers v Myers and Orhers: FD 3 Aug 2004
The court heard a renewed application for leave to appeal against an order in an action under the 1975 Act. The executors said that the judge had erred in law in his interpretation of what was meant by ‘maintenance’. Held: Appeals under the Act are rare because the judge has wide powers to decide on … Continue reading Bahouse and Another v Negus: CA 28 Feb 2008
The deceased had after remarriage made a will which excluded from benefit entirely his first wife and children by her. Claims under the 1975 Act were put to one side while the court decided on the validity of the will, but then dismissed. The court . .
A married couple had taken out an insurance policy on their joint lives. The policy was maintained after they divorced. On his death, his child by the later marriage claimed a share in the policy under the 1975 Act.
Held: (Chadwick LJ . .
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Citations: [2021] EWHC 936 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 09 December 2022; Ref: scu.662119
Claim for revocation of grant of probate on grounds that the will was not validly executed. It had been signed but before the witnesses attended. Held: The will of the deceased was properly executed and attested in compliance with statute and is valid. The court considered the presumption of due execution of a will: ‘where … Continue reading Wilson v Lassman: ChD 7 Mar 2017
S and G lived together in a same-sex relationship. They owned the house they lived in and another as tenants in common. G owned other properties which provided the couple with an income. The will of G did not leave S in a position to complete development of the properties, and he applied for reasonable … Continue reading Saunders v Garrett: 2005
Appeal from refusal of order for reasonable financial provision from estate. Citations: [1980] EWCA Civ 4, [1981] 2 WLR 801, [1981] Fam 128 Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 27 November 2022; Ref: scu.262689
The court considered what special circumstances had to be shown to found a claim under the Act other than by a spouse: ‘It is also said on behalf of the charities that before I can make an order I will have to find that there were special circumstances outside the range of circumstances listed in … Continue reading Re Debenham deceased: 1986
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 deceased had written to the Plaintiff offering her ‘what emotional security I can give, plus financial security during my life, and financial security on my death.’ Held: The statement could was insufficient to establish either a constructive trust or a proprietary estoppel. Scott J said: ‘The proprietary estoppel line of cases are concerned with … Continue reading Layton v Martin: 1986
The claimant, the adult son of the deceased sought provision from the estate. He said that he had taken a substantial part in the refurbishment of a family property. Later his parents had separated. At first instance Behrens J had held there was a moral obligation on a father arising out of the very substantial … Continue reading Re Pearce, Deceased, Pearce v Pearce: CA 25 Jun 1998
The claimant sought reasonable provision from her late husband’s estate under the 1975 Act. Judges: Pill, Jackson, Gross LJJ Citations: [2011] EWCA Civ 900 Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 17 September 2022; Ref: scu.442418
Appeal in relation to an application by the defendant and appellant for permission to bring a claim out of time under the Inheritance (Provision for Family and Dependants) Act 1975 Citations: [2019] EWCA Civ 1794 Links: Bailii Jurisdiction: England and Wales Wills and Probate Updated: 09 September 2022; Ref: scu.643088
The court considered the provision to be made under the 1975 Act for a surviving spouse: ‘In his argument in this court Mr. Vane relied strongly on s 3(2) and referred us to a recent case in this court, Moody v. Stevenson, a decision of Mustill LJ and Waite J which appears to give great … Continue reading Jessop v Jessop: CA 2 Jan 1992
In the case of an application under the Act by a surviving spouse, maintenance is not the only, or even the dominant, consideration to be taken into account by the court. ‘In an application under section 25 of the Matrimonial Causes Act 1973 the court is directed, so far as it is practicable and is … Continue reading Re Besterman, decd: CA 1984
The court referred to the case of In re Beaumont and continued: ‘In considering whether a person is being maintained immediately before the death of the deceased, it is the settled basis or general arrangement between the parties as regards maintenance during the lifetime of the deceased which has to be looked at, not the … Continue reading Jelley v Illife: CA 1981
The widower aged 81, appealed against refusal of provision under the 1975 Act from his wife’s estate. She had left him nothing. The judge at first instance had found, applying Styler, that her treatment was not unreasonable, and that therefore no jurisdiction to make an award arose. Held: The court considered the application of section … Continue reading Moody v Stevenson: CA 12 Jul 1991
A dependency of a mother on her disabled daughter was not established by the making of payments by Court of Protection out of the estate during her life for the upkeep etc of a house for the mother and daughter, though mother indirectly benefited. Citations: Times 26-Jan-1999, Gazette 17-Feb-1999 Statutes: Inheritance (Provision for Family and … Continue reading In Re the Estate of B (Deceased): ChD 26 Jan 1999
Couples live together as men and wives, in many and various ways, and assessments of relationships should be seen, for the purposes of the Act, from the point of view of a reasonable man, but within that variety. The test as to whether the couple were living in the same household as husband or wife … Continue reading In Re the Estate of John Watson (Deceased): ChD 31 Dec 1998
The claimant sought provision from the estate claiming to have lived with the deceased as his partner for the two years preceding his death. She appealed an order which would be enough to allow her to live in Poland, but not in England. She said this was discriminatory under European law. The defendant said that … Continue reading Witkowska v Kaminski: ChD 25 Jul 2006
A house was held upon joint tenancy between the deceased and one of his sons. The transfer into joint names took effect just before the deceased married the claimant. They lived at the property with her children. Seven years after the death, the son obtained an order for possession of the house against the claimant … Continue reading Dingmar v Dingmar: CA 12 Jul 2006
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
The court declined to award a widow a large capital sum from her husband’s estate. Citations: [1985] FLR 16 Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Cited by: Cited – Elizabeth Adams v Julian James Lewis (Administrator of the Estate of Frank Adams dec) ChD 26-Jan-2001 The widow’s claim … Continue reading Stead v Stead: 1985
The will was executed anticipating the marriage to the respondent, leaving assets on discretionary trusts for the responent and various family members and others. She had come to work for the deceased as his housekeeper, but later they came to marry. The marriage took place about one year before the death. Held: ‘in relation to … Continue reading Fielden, Graham (Executors of Cunliffe deceased) v Cunliffe: CA 6 Dec 2005
The claimant sought provision from the estate under the Act. She had cohabited with the deceased for many years, but had moved out several months before the death because of her concern for his drunkenness which lead to threats of self harm. Held: The Act should be read to allow the claim. The issue was … Continue reading Gully v Dix; In re Dix deceased: CA 21 Jan 2004
Citations: [2018] EWHC 1943 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 09 June 2022; Ref: scu.625484
Citations: [2018] EWHC 317 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 09 June 2022; Ref: scu.605833
The widow appealed against strike out of her claim under the 1975 Act. It had been filed with several mistakes and only just in time. Held: Her appeal succeeded. Though the defects were real and to be deplored, the paperwork contained all the necessary information: ‘The ‘quirky’ petition was filed at the Stafford County Court … Continue reading Hannigan v Hannigan: CA 18 May 2000
The adult daughter of the deceased claimed under the 1975 Act. The deceased had acted entirely reasonably in leaving his business land to those of his children who were active in the business, but after his death part of the land acquired a development value six times its probate assessment, and, that being the case, … Continue reading Snapes v Aram; Wade etc, In re Hancocks (Deceased): CA 1 May 1998
A plaintiff under the 1975 Act must show as against each defendant that where that defendant is out of the jurisdiction that the order for payment would be enforceable in the foreign land. Judges: Kerr LJ Citations: [1986] Fam 11 Statutes: Inheritance (Provision for Family and Dependants) Act 1975 10 Cited by: Cited – Dellal … Continue reading Hamlin v Hamlin: CA 1986
The time limit under the 1975 Act is ‘a substantive provision laid down in the Act itself and is not a mere procedural time limit imposed by rules of court which will be treated with the indulgence appropriate to procedural rules. The burden on the applicant is thus, I think, no triviality: the applicant must … Continue reading In re Salmon (Deceased): 1981
The widow’s claim under the Act was contested by three daughters where the widow received a specific legacy and the will gave trustees a power to apply any part of the residue during the lifetime of the widow to provide and maintain a suitable residence. The court reduced the specific legacy and made an order … Continue reading Elizabeth Adams v Julian James Lewis (Administrator of the Estate of Frank Adams dec): ChD 26 Jan 2001
The deceased had left his widow a life interest in his residuary estate, with power for his trustees to purchase a house for her occupation, which they had duly exercised. The essential question was whether, as the widow claimed, she should be awarded an absolute interest in the house, a question answered in the negative: … Continue reading Davis v Davis: CA 1993
The court considered whether it was possible to make an adoption order notwithstanding that the applicants had separated as a couple. Held: In making the order the court took into account the following: (a) the advantage to the child of becoming a child of the family from an emotional and social perspective, (b) the financial … Continue reading In Re WM (Adoption: Non-Patrial): FD 1997
The claimant was the adult daughter of the deceased. She had been expressly excluded by the deceased from a share in his estate. The claimant had bought a business with the aid of a loan secured by a mortgage. At first instance, Johnson J, dismissed her application, holding that whilst the deceased had a moral … Continue reading Espinosa v Bourke: CA 1999
Assistance given with light household duties was not ‘full valuable consideration’ within the Act. A sister could apply as a dependent. Citations: [1978] Fam 22, [1978] 1 All ER 221 Statutes: Inheritance (Provision for Family and Dependants) Act 1975 1(3) Jurisdiction: England and Wales Wills and Probate Updated: 13 May 2022; Ref: scu.220641