A grandchild of the deceased may have been ‘treated’ as a child of the deceased for the purposes of the 1975 Act. Citations: [1998] 1 FLR 347 Statutes: Inheritance (Provision for Family and Dependents) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 13 November 2022; Ref: scu.220637
Judges: Henry Carr J Citations: [2018] EWHC 2623 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependents) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 19 July 2022; Ref: scu.628916
Judges: His Honour Judge Behrens Citations: [2009] EW Misc 1 (EWCC) Links: Bailii Statutes: Inheritance (Provision for Family and Dependents) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 12 July 2022; Ref: scu.329584
An adult may be a person who has been ‘treated by the deceased as a child of the family’ within the Act. Citations: [1986] Ch 226, [1985] 2 All ER 754 Statutes: Inheritance (provision for Family and Dependents) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 05 July 2022; Ref: scu.220636
The deceased, a playwright had moved to Australia in his last years, though he returned to and died in London. The claimants sought provision from his estate, but it was argued that he had changed domicile to Australia, and that the 1975 Act did not apply. Held: He had acquire a domicile of choice in … Continue reading Morgan As Attorney of Sir Peter Shaffer v Cilento, Shaffer, Shaffer, Shaffer, and Minutolo: ChD 9 Feb 2004
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 the applicant’s debts was not for his maintenance, because there was nothing … Continue reading In re Dennis (Deceased): 1981
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 different result. Held: A judge who realised he had made an error before the … Continue reading Robinson v Fernsby, Scott-Kilvert: CA 19 Dec 2003
Judges: Jarman QC HHJ Citations: [2018] EWHC 688 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependents) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 07 April 2022; Ref: scu.608331
Challenge to will on the grounds of lack of testamentary capacity, and under the 1975 Act. Judges: Paul Matthews HHJ Citations: [2017] EWHC 1750 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependents) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 28 March 2022; Ref: scu.591435
Application for leave to bring claim out of time under the 1975 Act by widow. Judges: David Cooke HHJ Citations: [2018] EWHC 8 (Ch) Links: Bailii Statutes: Inheritance (Provision for Family and Dependents) Act 1975 Jurisdiction: England and Wales Wills and Probate Updated: 09 February 2022; Ref: scu.602626
Holman J [2015] EWHC 1842 (Fam) Bailii Inheritance (Provision for Family and Dependents) Act 1975 England and Wales Wills and Probate Updated: 02 January 2022; Ref: scu.550340
Williams J [2020] EWHC 3711 (Fam) Bailii Inheritance (Provision for Family and Dependents) Act 1975 England and Wales Wills and Probate Updated: 23 November 2021; Ref: scu.657630
The deceased’s widow complained that her husband’s will had not made proper provision for her as was required by the order which ‘ In the case of a spouse reasonable financial provision means such financial provision as it would be reasonable in all the circumstances of the case for a husband or wife to receive, … Continue reading Moorhead v Moorhead: ChNI 11 Jan 2002