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

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

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

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

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

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

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

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

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

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

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

[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

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 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 . .

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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

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 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

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

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 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 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

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 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