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 financial difficulty. The word ‘maintenance’ refers to no more and no less than the applicant’s way of life and well-being, his health, financial security and allied matters such as the well-being, health, financial security of his immediate family for whom he is responsible.’
Judges:
Mr Vivian Price QC
Citations:
[1979] Ch 168, [1979] 1 All ER 546
Statutes:
Inheritance (Provision for Family and Dependants) Act 1975
Jurisdiction:
England and Wales
Cited by:
Disapproved – In 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 . .
Disapproved – In Re Coventry (deceased) CA 3-Jan-1979
The deceased’s adult son sought provision from the intestate estate. The sole beneficiary under the rules was the plaintiff’s mother. The estate was modest; the intestate’s interest in his house (he had been living there with the plaintiff). The . .
Mentioned – Re Dennis deceased ChD 1981
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 . .
Cited – Ilott v Mitson and Others CA 27-Jul-2015
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 . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 10 May 2022; Ref: scu.277861