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 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
[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
[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
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 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
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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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The separated widow and the deceased’s daughter sought reasonable provision from the estate. Judges: Purle QC HHJ Citations: [2010] EWHC 3443 (Ch), [2011] WTLR 583 Links: Bailii Statutes: Inheritance (Provisions for Family and Dependants) Act 1975 Jurisdiction: England and Wales Cited by: Cited – Ilott v The Blue Cross and Others SC 15-Mar-2017 What is … Continue reading Hope and Another v Knight: ChD 15 Dec 2010
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
