Wills & Trusts Law Reports | July/August 2016 #161Joy Williams brought a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 against the estate of her deceased partner Norman Martin. Her claim was brought both on the basis that for a period of two years before Mr Martin’s death she had been living in the same household with him as his wife (s1(1)(ba)) and alternatively on the basis that she was wholly or partly maintained by the deceased (s1(1)(e)).
At the date of his death Mr Martin remained married to his wife Maureen Martin, though they ...
Claire Roberts outlines a case where a claim was brought under the 1975 Act by a former spouse who was also a co-habitee ‘Practitioners and laymen alike may be surprised that the apparently clear wording of a divorce order prohibiting a claim under the 1975 Act is not an absolute prohibition.’ The law of succession …
Continue reading "Inheritance Act 1975: He loves me… he loves me not"
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Wills & Trusts Law Reports | June 2014 #140The claimant brought a claim for reasonable financial provision under the Inheritance Provision for Family & Dependents Act 1975, against the estate of Alexander Graham Bryce (the deceased), on the basis that she had been living in the same household as the deceased, as his wife, in accordance with s1(A) of the Act. Otherwise, as the deceased had died intestate, his c£600,000 estate fell to be distributed to his numerous intestacy beneficiaries, a class to which the claimant, who was never married to the deceased, did not belong.
The first issue before the court was w...
Wills & Trusts Law Reports | March 2014 #137Marula Christofides died on 14 May 2009 having made a will on 22 October 2008 leaving her worldwide residuary estate between her son Andreas, her two daughters Panayiota and Joanna and her granddaughter Benita.
Probate was granted in May 2010 on a net UK estate of £308,253 with a property in London valued then at £300,000 but at the time of trial worth £420,000. The deceased owned two areas of land in Cyprus – one with a house worth €280,000 and one in the Turkish Republic of Northern Cyprus owned by the deceased’s husband. His Honour Judge Hand eventually settled on £125,000 as t...
