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 affairs separate. The actual ownership arrangements reflected that intention. As to the claim under the 1975 Act, the claimant did fall within the class to be provided for. Under the laws of intestacy, the claimant would receive nothing at all. The actual beneficiaries did not themselves have financial needs, but the claimant would be receiving welfare benefits. Allowing for all the elements required to be accounted for, reasonable financial provision had not been made. A sum should be made available from the estate to her to allow her the purchase of a modest property.
Judges:
Kitchin J
Citations:
[2011] EWHC 945 (Ch), [2011] WTLR 947, [2011] Fam Law 809
Links:
Statutes:
Inheritance (Provision for Family and Dependants) Act 1975 1(1)(ba)
Jurisdiction:
England and Wales
Wills and Probate, Trusts
Updated: 10 June 2022; Ref: scu.432856