The court considered what special circumstances had to be shown to found a claim under the Act other than by a spouse: ‘It is also said on behalf of the charities that before I can make an order I will have to find that there were special circumstances outside the range of circumstances listed in s.3 of the Act. It is said that this can be derived from the case of Re Coventry above but I do not read the case of Coventry in that light. That was relating to a grown up man who was capable of working, and a judge, with whom the Court of Appeal agreed, said that if a grown up man capable of working was going to make an application under the Act he would look for special circumstances. So one would. But that is not a question of law; it is a question of applying common sense principles…’
Judges:
Ewbank J
Citations:
[1986] 1 FLR 404
Statutes:
Inheritance (Provision for Family and Dependants) Act 1975
Jurisdiction:
England and Wales
Cited by:
Cited – Snapes 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 . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 25 November 2022; Ref: scu.197026
