Heather Conway and Sheena Grattan look at family provision, adult children and property transfers In our opinion, it would be wrong to read Noble as signalling a fundamentally different approach, given that Noble was dealing with a very different set of factual circumstances Noble v Morrison [2020] is the first reported family provision case in …
Continue reading "Family provision: A new approach to an old dilemma? "
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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...
Simon Blain and Hannah Mantle consider whether nuptial agreements have a role to play as to the division of assets on death ‘Where such a qualifying agreement purports to preclude claims being made pursuant to I(PFD)A 1975, such a provision is likely to weigh heavily in the court’s decision-making process.’ Provision may be made within …
Continue reading "Inheritance claims: Looking to the future"
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Wills & Trusts Law Reports | Spring 2018 #171The High Court was asked to determine, as a preliminary issue, whether a potential claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act) by a surviving husband against his late wife’s estate abated on the death of the husband. The wife (Mrs Milbour) died on 5 January 2014, the husband (Mr Milbour) shortly thereafter on 20 October 2014. Mr Milbour did not bring a claim under the 1975 Act against
Mrs Milbour’s estate during his lifetime.
The net value of Mrs Milbour’s estate was £16,776,054. By her will Mrs Milbour left...
Wills & Trusts Law Reports | Autumn 2017 #169This was an appeal against a decision of the County Court ([2016] WTLR 1075) to make reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 for Mrs Joy Williams from the estate of her deceased partner Norman Martin. Under the terms of Mr Martin’s last will his entire estate passed to Mrs Maureen Martin, Mr Martin’s wife, from whom he was separated, but to whom he remained married until the date of his death. Mr and Mrs Martin had not divorced but they had made an informal arrangement regarding their separation.
HHJ Gerald made an order ...
Wills & Trusts Law Reports | May 2014 #139This was an appeal against quantum in an application under the Inheritance (Provision for Family and Dependants) Act 1975. The deceased was called Melita Jackson and the appellant was her estranged daughter.
The proceedings had a protracted history. There was an initial hearing of the claim in front of District Judge Million on 7 August 2007. He found as facts that the appellant and her husband and family lived modestly in a housing association house. They were heavily dependent on state benefits. The appellant did not work and her husbands income was small. The family’s ...
Wills & Trusts Law Reports | July/August 2012 #121Mrs Barbara Lilleyman applied for reasonable financial provision from the estate of her late husband Mr Roy Lilleyman pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (1975 Act). Nigel and Christopher Lilleyman, who were Mr Lilleyman’s sons from a previous marriage, were the executors of Mr Lilleyman’s estate under his will dated 20 May 2008. Nigel and Christopher Littleman were the principal beneficiaries of Mr Lilleyman’s estate and were the defendants to Mrs Lilleyman’s application.
Mr and Mrs Lilleyman had each been married previously and each had two...
In Lilleyman the divorce cross-check was applied to a claim for reasonable financial provision for a widow, as Martin Holdsworth and Louise Tatton relate ‘Equality of treatment may not necessarily lead to equality of outcome.’ The recently reported cases of Lilleyman v Lilleyman [2012] and Lilleyman v Lilleyman (costs) [2012] concerned a widow’s application for …
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Sian Hodgson and Julia Thackray consider claims under the Inheritance Act 1975 when drafting prenuptial and cohabitation agreements ‘A surviving spouse is entitled to seek such financial provision as would be reasonable in all the circumstances of a case for a spouse to receive, whether or not that provision is required for maintenance.’ One thing …
Continue reading "Inheritance Act: Until death do us part"
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