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
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 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
[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 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
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Application for leave to appeal from rejection of claim under 1975 Act. . .
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. . .
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
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 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
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
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
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
An adult stepson of the deceased, who had been treated as a child of the family, was awarded a lump sum of andpound;15,000 to enable him and his wife to avoid the burden of taking on a mortgage of andpound;13,000 on the purchase of their council house at a most advantageous price. ‘I have to … Continue reading Re Callaghan, deceased: 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
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
An adult child succeeded in a claim under the Act against his father’s estate, having worked on his fathers farm for many years and for very low pay against a promise that he would inherit the house on the father’s death. Citations: Gazette 04-Nov-1998, [1998] 2 FLR 705 Statutes: Inheritance (Provision for Family and Dependants) … Continue reading Re Pearce (Deceased): CA 4 Nov 1998
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 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
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
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
The claimant was the former wife of the deceased. She had been divorced from him 19 years before his death and their matrimonial finances had been settled by a lump sum paid to her as a clean break. There had been no financial relationship between them for the next 19 years, although they had remained … Continue reading Cameron v Treasury Solicitor: 1996
The court considerd an application under the 1975 Act where the claimant had been convicted of the manslaughter of her husband with a finding of diminished responsibility, and was the sole beneficiary under his will. The Forfeiture Act 1982 was not yet in effect. Held: The claim was struck out as disclosing no reasonable cause … Continue reading In re Royce (Deceased): 1985
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
A mistress of the deceased could make a claim under the 1975 Act. Citations: [1979] 1 WLR 1353 Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 30 April 2022; Ref: scu.220644
It is doubtful whether a former spouse of the deceased who had remarried before applying to the court had any standing to make an application under the Act. A person born as a ‘child of the deceased’ loses his right to claim under the Act if he is adopted before making an application for provision. … Continue reading Re Collins: 1990
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
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 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
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
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
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
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
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
Citations: [2019] EWHC 193 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 03 April 2022; Ref: scu.633199
Leeds County Court Judges: Saffmaqnn HHJ Citations: [2017] EW Misc 11 (CC) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 27 March 2022; Ref: scu.590779
The wife sought to claim under the 1975 Act despite having been convicted of her husband’s manslaughter from diminished responsibility. She was the sole beneficiary under his will but was precluded by her conviction from taking any benefit under the will. Held: Her claim under the 1975 Act was struck out as disclosing no reasonable … Continue reading Re Royse (Deceased): CA 1985
Judges: Marcus Smith J Citations: [2017] EWHC 491 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 1 2 Jurisdiction: England and Wales Wills and Probate Updated: 09 February 2022; Ref: scu.579950
Judges: Behrens J Citations: [2008] EWHC B10 (Ch) Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 07 February 2022; Ref: scu.270377
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
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
Newey J [2016] EWHC 1787 (Ch) Bailii Inheritance (Provision for Family and Dependants) Act 1975 England and Wales Wills and Probate Updated: 20 January 2022; Ref: scu.567269
The Hon Mr Justice Cohen [2020] EWHC 1134 (Fam) Bailii Inheritance (Provision for Family and Dependants) Act 1975 England and Wales Wills and Probate Updated: 18 January 2022; Ref: scu.655245
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
Where the support provided by the deaceased more or less matched in value the service provided by the applicant to the deceased, it will be assumed that the services were given for ‘full valuable consideration’ but a court must be careful not to leave a caring and devoted applicant in a worse position than an … Continue reading Bishop v Plumley: CA 1991
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
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
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
H was the respondent in the divorce. He applied for a decree nisi to be made absolute. W opposed because, she said, she would lose her rights under the 1975 Act. She also alleged non-disclosure in the ancillary relief proceedings. Held: Even if this much was proved, H’s suggested departure from the country in an … Continue reading Re G (Decree Absolute: Prejudice): FD 2002
The claimant sought to appeal against a decision on quantum made under the 1975 Act. The court had awarded her andpound;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 by … Continue reading Ilott v Mitson and Others: FD 3 Mar 2014
[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
Moses, Black, Gloster LJJ [2013] EWCA Civ 1305 Bailii Inheritance (Provision for Family and Dependants) Act 1975 England and Wales Wills and Probate Updated: 22 November 2021; Ref: scu.517022
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 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 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
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
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
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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 . .
The deceased left his estate within a discretionary trust. The claimant sought to assert an interest in it, claiming an estoppel and, under the 1975 Act, as his partner. They had lived together for four years. She had been dependent upon him . .
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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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 . .
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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 . .
Claims by adult children of deceased in first marriage against estate. . .
Appeal from refusal of order for reasonable financial provision from estate. . .
Application to withdraw from order made by consent. . .
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 . .
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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 . .
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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 . .
The families disputed a claim under the 1975 Act. The defendants now sought summary dismissal of the claim. . .
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 . .
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 . .
The claimant sought reasonable provision from her late husband’s estate under the 1975 Act. . .
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