Bahouse and Another v Negus: CA 28 Feb 2008

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 the reasonableness of the provision. In this case the judge had correctly applied the decision in In re Coventry to interpret what was meant by maintenance. There was no real prospect of an appeal succeeding.
What is reasonable maintenance varies with the particular parties and their station in life.

Mummry LJ, Munby J
[2008] EWCA Civ 1002
Inheritance (Provision for Family and Dependants) Act 1975
England and Wales
CitedIn 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 . .
CitedIn 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 . .
CitedRe 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 . .
CitedIn Re Duranceau 1952
What amounts to reasonable maintenance for a spouse must be assessed in the context of the applicant’s ‘station in life’. . .
CitedMyers 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 . .
CitedPiglowska v Piglowski HL 24-Jun-1999
When looking to the needs of parties in a divorce, there is no presumption that both parties are to be left able to purchase alternative homes. The order of sub-clauses in the Act implies nothing as to their relative importance. Courts should be . .

Lists of cited by and citing cases may be incomplete.

Wills and Probate

Updated: 31 October 2021; Ref: scu.277853