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Land v Land; In re Land, deceased: ChD 13 Jul 2006

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

Ilott v Mitson and Others: CA 31 Mar 2011

The claimant, the estranged adult daughter of the deceased, had claimed under the 1975 Act. The judge made an order for payment of andpound;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 at … Continue reading Ilott v Mitson and Others: CA 31 Mar 2011

Harlow v National Westminster Bank Plc and Others; in re Jennings Dec: CA 13 Dec 1993

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

Elizabeth Adams v Julian James Lewis (Administrator of the Estate of Frank Adams dec): ChD 26 Jan 2001

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

Moody v Stevenson: CA 12 Jul 1991

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

Myers v Myers and Others; In the estate of Geoffrey Holt Myers (deceased): FD 2004

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

Re Wilkinson, Neale v Newell: 1978

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

Re Bunning, deceased; Bunning v Salmon: ChD 1984

Vinelott J calculated that the maximum award which the widow would have received in matrimonial proceedings to be 36,000 pounds. Yet on an application under the 1975 Act he awarded her 60,000 pounds. Judges: Vinelott J Citations: [1984] 1 Ch 480, [1984] 3 WLR 265, [1984] 3 All ER 1 Statutes: Inheritance (Provision for Family … Continue reading Re Bunning, deceased; Bunning v Salmon: ChD 1984

Fellows, Brennan v Page, Spring, Spring, Spring, Spring and Spring: CA 20 Feb 1998

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

Re Dennis deceased: ChD 1981

The courts have declined to define the word ‘maintenance’ closely. ‘Maintenance’ connotes only those payments which will directly or indirectly enable the applicant in the future to discharge the cost of his daily living at whatever standard of living is appropriate to him. ‘It is now clearly established that claims under the Act by persons … Continue reading Re Dennis deceased: ChD 1981

Kourkgy v Lusher: 1983

The deceased and the applicant had lived together for about ten years. In the last few days before the death, they parted in circumstances which suggested that the separation would be permanent. Held: An application for provision from the estate failed. The deceased had abandoned his assumption of financial responsibility for the applicant. Citations: (1983) … Continue reading Kourkgy v Lusher: 1983

Rees v Newbery and Institute of Cancer Research: 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

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 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

Proles v Kohli: ChD 17 Apr 2018

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

In Re the Estate of B (Deceased): ChD 26 Jan 1999

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

In Re the Estate of John Watson (Deceased): ChD 31 Dec 1998

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

Johnston Wackett: ChD 28 Jan 2022

Judges: Deputy Master Brightwell Citations: [2022] EWHC 129 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 05 April 2022; Ref: scu.671633

Ilott v Mitson and Others: CA 27 Jul 2015

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

Seals and Another v Williams: ChD 15 May 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

King v Dubrey and Others: ChD 1 Jul 2014

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. Charles Hollander QC [2014] EWHC 2083 (Ch) Bailii Inheritance (Provision for Family and Dependants) Act 1975 Citing: … Continue reading King v Dubrey and Others: ChD 1 Jul 2014

Perrins v Holland and Another: ChD 31 Jul 2009

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

Wright v Waters and Another: ChD 6 Nov 2014

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

Goodchild and Another v Goodchild: CA 2 May 1997

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

Lim (An Infant) v Walia: CA 29 Jul 2014

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

Myers v Myers and Orhers: FD 3 Aug 2004

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

In re Coventry dec’d: ChD 2 Jan 1979

The court set out the general approach to applications under the 1975 Act: ‘these matters have to be considered at two stages – first in determining the reasonableness of such provision (if any) as has been made by the deceased for the applicant’s maintenance and, secondly, in determining the extent to which the court should … Continue reading In re Coventry dec’d: ChD 2 Jan 1979

Ilott v The Blue Cross and Others: SC 15 Mar 2017

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

Saunders v Garrett: 2005

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 . .