Wills & Trusts Law Reports | Autumn 2019 #176The appellant appealed from an order of Mostyn J by which he refused her permission pursuant to s4 of the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act) to bring an application out of time for reasonable financial provision out of the estate of her late husband (the deceased), who had died in 2016 leaving an estate of £29m. By his will the deceased left all his business assets qualifying for 100% business property relief on a discretionary trust (the business property trust) for a class of beneficiaries (the discretionary beneficiarie...
Wills & Trusts Law Reports | Summer 2019 #175The claimant applied for an order under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act), s2, against the estate of her deceased husband (the deceased). Probate of the deceased’s will was granted on 16 December 2016 and the application was made on 8 November 2018. Under s4 of the 1975 Act, except with the permission of the court any application for an order under s2 was to be made within six months of the date of the grant. This was an application for permission to make the substantive application out of t...
William East reviews two recent cases on out-of-time 1975 Act claims with different outcomes ‘The decision that “excusable delay” should be for “weeks or, at most, months”, absent “highly exceptional factors”, begs the question of what those factors might be and whether this sets the bar too high given the shortness of the initial time …
Continue reading "The 1975 Act: The clock is ticking… or is it?"
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Wills & Trusts Law Reports | Summer 2018 #172The deceased died in January 2008 and letters of administration were granted later that month. The deceased’s death was unexpected, and within a year of her remarriage to the defendant A, which had revoked her previous will leaving her property to her previous spouse and her children. The claimant, L, a son of the deceased, was 17 when the deceased died, and had some mental health difficulties. He was permitted to continue to live in the deceased’s home with his brother and A for some years, until 2014. L was an in-patient in a mental hospital for a time during 2015, and first sought leg...
Wills & Trusts Law Reports | Winter 2018 #170Joe Sargeant (the deceased) died on 10 May 2005 leaving a will dated 20 February 2002. He left a surviving spouse, Audrey Sargeant (who was known as Mary), and two children, Jeff and Jane. By the will, he left his guns and fishing equipment to Jeff and the balance of his personal chattels and the benefit of a life policy worth £75,000 to Mary. The remainder of his estate was left to his trustees on discretionary trust. The class was limited to Mary, Jane and Jane’s issue. His estate was valued at just over £3.2m.
Mary brought a claim under the Inheritance (Provision for Family...
Anna Heenan looks at changes to the Inheritance (Provision for Family and Dependants) Act 1975 and the potential use of nuptial agreements ‘Nuptial agreements cannot exclude the jurisdiction of the court in Inheritance (Provision for Family and Dependants) Act 1975 claims but they do have the potential to play a role in pre-empting and defending …
Continue reading "Inheritance Act: Planning ahead"
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