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 in touch.
Held: The fact that she was in necessitous circumstances did not create any obligation on the deceased to provide for her from his estate. There was no other claimant and that his small estate passed as bona vacantia to the Crown did not alter the fact that their personal and financial relationship was long in the past. That the devolution of the estate to the Crown could not enhance the applicant’s claim and was a neutral factor, not relevant to the criteria to be taken into account under section 3 of the 1975 Act.
Citations:
[1996] 2 FLR 716
Statutes:
Inheritance (Provision for Family and Dependants) Act 1975 3
Jurisdiction:
England and Wales
Cited by:
Cited – 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, . .
Cited – Garland v Morris and Another ChD 11-Jan-2007
The claimant sought additional provision from her father’s estate. She said that the will failed to make reasonable provsion for her, bearing in mind her extreme financial needs. She was a single mother of three.
Held: The claim failed. . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 02 May 2022; Ref: scu.431726
