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. Michael Furness QC J said: ‘the most important factors are first the financial position of the claimant, living on a very low income in sub-standard housing. But bearing in mind that, particularly in relation to the house, she bares some responsibility for its defects. Second there is the close relationship which Mr Garland had with the second defendant. She is better off than the claimant but still in genuine need of the benefit which she was given under his will. Thirdly, there is the fact claimant never met or spoke to her father in the last fifteen years of his life and made no real effort to do so. Fourthly there is the fact that the claimant received all of her mothers estate and has owned her own home for the past 22 years.’
Michael Furness QC J
[2007] EWHC 2 (Ch)
Bailii
Inheritance (Provision for Family and Dependants) Act 1975
England and Wales
Citing:
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 Dennis (Deceased) 1981
The now deceased father had made lifetime gifts to the son. The son now faced substantial liabilities for capital transfer tax, and asked the court to provide for his from the estate under the 1975 Act.
Held: The claim failed. The payment of . .
CitedEspinosa v Bourke CA 1999
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 . .
CitedSnapes v Aram; Wade etc, In re Hancocks (Deceased) CA 1-May-1998
The adult daughter of the deceased claimed under the 1975 Act. The deceased had acted entirely reasonably in leaving his business land to those of his children who were active in the business, but after his death part of the land acquired a . .
CitedWilliams v Johns 1988
. .
CitedGold v Curtis 2005
. .
CitedIn Re Abram 1996
. .
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 . .
CitedRobinson v Fernsby, Scott-Kilvert CA 19-Dec-2003
The judge had drafted his judgment and sent the drafts to the parties for comment. He then received additional written representations from one party, from which he realised that he had made an error, and issued a corrected judgment which a . .
CitedRe Pearce (Deceased) CA 4-Nov-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. . .
CitedCameron v Treasury Solicitor 1996
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 . .

These lists may be incomplete.
Updated: 24 February 2021; Ref: scu.408850