An adult stepson of the deceased, who had been treated as a child of the family, was awarded a lump sum of andpound;15,000 to enable him and his wife to avoid the burden of taking on a mortgage of andpound;13,000 on the purchase of their council house at a most advantageous price. ‘I have to … Continue reading Re Callaghan, deceased: 1984
Vinelott J calculated that the maximum award which the widow would have received in matrimonial proceedings to be 36,000 pounds. Yet on an application under the 1975 Act he awarded her 60,000 pounds. Judges: Vinelott J Citations: [1984] 1 Ch 480, [1984] 3 WLR 265, [1984] 3 All ER 1 Statutes: Inheritance (Provision for Family … Continue reading Re Bunning, deceased; Bunning v Salmon: ChD 1984
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. Citations: Gazette 04-Nov-1998, [1998] 2 FLR 705 Statutes: Inheritance (Provision for Family and Dependants) … Continue reading Re Pearce (Deceased): CA 4 Nov 1998
In an application under the 1975 Act, the judge treated maintenance as being equivalent to providing for the well-being or benefit of the applicant. Mr Vivian Price QC said: ‘ ‘although reasonable financial provision means provision for the applicant’s maintenance that did not imply the applicant had to prove that he was destitute or in … Continue reading Re Christie (deceased): 1979
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 living is appropriate to him. ‘It is now clearly established that claims under the Act by persons … Continue reading Re Dennis deceased: ChD 1981
The deceased had separated from his wife and was cohabiting with Miss Osbourne. The deceased and Miss Osbourne purchased a property as joint tenants, with the assistance of a mortgage. The purchase price had been andpound;91,000 and the mortgage was andpound;85,000. The mortgage had been supported by an endowment policy, which would pay out after … Continue reading Powell v Osbourne: CA 1993
Cases of mutual wills are only one example of a wider category of cases, for example secret trusts, in which a court of equity will intervene to impose a constructive trust. Nourse J said: ‘The principle of all these cases is that a court of equity will not permit a person to whom property is … Continue reading In re Cleaver dec’d, Cleaver v Insley: ChD 1981
While it may be uncommon, the fact that a claimant stands to inherit whatever may fall into the actual death estate does not preclude an order being made under sections 10 and 2 in her favour. Judges: Campbell J Citations: [1995] NIJB 46 Statutes: Inheritance (Provision for Family and Dependants) Act 1975 10 13 Cited … Continue reading Morrow v Morrow: 1995
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 … Continue reading Cameron v Treasury Solicitor: 1996
The court considerd an application under the 1975 Act where the claimant had been convicted of the manslaughter of her husband with a finding of diminished responsibility, and was the sole beneficiary under his will. The Forfeiture Act 1982 was not yet in effect. Held: The claim was struck out as disclosing no reasonable cause … Continue reading In re Royce (Deceased): 1985
The deceased and the applicant had lived together for about ten years. In the last few days before the death, they parted in circumstances which suggested that the separation would be permanent. Held: An application for provision from the estate failed. The deceased had abandoned his assumption of financial responsibility for the applicant. Citations: (1983) … Continue reading Kourkgy v Lusher: 1983
A mistress of the deceased could make a claim under the 1975 Act. Citations: [1979] 1 WLR 1353 Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 30 April 2022; Ref: scu.220644
It is doubtful whether a former spouse of the deceased who had remarried before applying to the court had any standing to make an application under the Act. A person born as a ‘child of the deceased’ loses his right to claim under the Act if he is adopted before making an application for provision. … Continue reading Re Collins: 1990
A mother who had given up work to stay at home and care for her daughter who had been awarded substantial damages for injury, was capable of being dependent upon her daughter when that daughter died. She was accordingly a person who could make a claim against the daughters estate under the Act. The daughter’s … Continue reading Bouette v Rose: CA 1 Feb 2000
Trial of a preliminary issue in a claim under the 1975 Act, and in particular as to whether the deceased was domiciled in the UK and therefore subject to the jurisdiction of the Act. Judges: Clark M Citations: [2018] EWHC 767 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 1(1) Jurisdiction: … Continue reading Proles v Kohli: ChD 17 Apr 2018
Judges: Deputy Master Brightwell Citations: [2022] EWHC 129 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 05 April 2022; Ref: scu.671633
Citations: [2019] EWHC 193 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 03 April 2022; Ref: scu.633199
Leeds County Court Judges: Saffmaqnn HHJ Citations: [2017] EW Misc 11 (CC) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 27 March 2022; Ref: scu.590779
The wife sought to claim under the 1975 Act despite having been convicted of her husband’s manslaughter from diminished responsibility. She was the sole beneficiary under his will but was precluded by her conviction from taking any benefit under the will. Held: Her claim under the 1975 Act was struck out as disclosing no reasonable … Continue reading Re Royse (Deceased): CA 1985
Judges: Marcus Smith J Citations: [2017] EWHC 491 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 1 2 Jurisdiction: England and Wales Wills and Probate Updated: 09 February 2022; Ref: scu.579950
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
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 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
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
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 petitioner sought to divorce her husband. Both were Nigerian nationals, and had married under a valid polygamous marriage in Nigeria. She claimed that the courts had jurisdiction because of her habitual residence here despite the fact that her presence here had come to be a criminal offence under the 1971 Act. Held: The authorities … Continue reading Mark v Mark: HL 30 Jun 2005
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 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
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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 . .
