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
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
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
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 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: [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
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
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
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
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
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
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
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
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 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 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
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 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 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 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
In an application under the 1975 Act, the judge treated maintenance as being equivalent to providing for the well-being or benefit of the applicant. Mr Vivian Price QC said: ‘ ‘although reasonable financial provision means provision for the applicant’s maintenance that did not imply the applicant had to prove that he was destitute or in … Continue reading Re Christie (deceased): 1979
The deceased had separated from his wife and was cohabiting with Miss Osbourne. The deceased and Miss Osbourne purchased a property as joint tenants, with the assistance of a mortgage. The purchase price had been andpound;91,000 and the mortgage was andpound;85,000. The mortgage had been supported by an endowment policy, which would pay out after … Continue reading Powell v Osbourne: CA 1993
Cases of mutual wills are only one example of a wider category of cases, for example secret trusts, in which a court of equity will intervene to impose a constructive trust. Nourse J said: ‘The principle of all these cases is that a court of equity will not permit a person to whom property is … Continue reading In re Cleaver dec’d, Cleaver v Insley: ChD 1981
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
A mother who had given up work to stay at home and care for her daughter who had been awarded substantial damages for injury, was capable of being dependent upon her daughter when that daughter died. She was accordingly a person who could make a claim against the daughters estate under the Act. The daughter’s … Continue reading Bouette v Rose: CA 1 Feb 2000
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 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
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
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 considered its ability to vary a consent order, made in 1982 on the divorce, which provided for the sale of the matrimonial home ten years later in 1992 and for the equal division of the proceeds of sale. Periodical payments were to be made to the wife and the two children who remained … Continue reading Peacock v Peacock: FD 1991
[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
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 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 parties disputed a claim under the 1975 Act. Immediately before her death, the deceased had, because of her medical condition, a vested right to bring forward an insurance benefit, but that right had ceased upon her death. The court had found that the sum available was part of the estate for the purposes of … Continue reading Lim (An Infant) v Walia: CA 29 Jul 2014
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
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