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 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 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
Trial of a preliminary issue in a claim under the 1975 Act, and in particular as to whether the deceased was domiciled in the UK and therefore subject to the jurisdiction of the Act. Judges: Clark M Citations: [2018] EWHC 767 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 1(1) Jurisdiction: … Continue reading Proles v Kohli: ChD 17 Apr 2018
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
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
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
