Wills & Trusts Law Reports | Summer 2021 #183The claimant was the 50-year-old widow of the deceased. She brought a claim for reasonable financial provision to be made for her from the estate of her late husband, Ian Wooldridge.
The first, second and third defendants were the executors of the estate and adopted a neutral stance. The fourth defendant was the deceased’s 28-year-old son from a previous marriage, and the fifth defendant was the deceased’s 12-year-old son.
There was some dispute over the value of the estate and the claimant’s entitlement under the deceased’s homemade last will, but a...
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...
Ilott v Mitson raises profound moral issues. Geoffrey Shindler explains ‘Parenthood comes with various rights and duties. Does it come with an overriding duty to make provision for your child with whom you have had no contact for 26 years before your death?’ Law and morality. This is a subject to which we do not …
Continue reading "Musings From Manchester: Value judgment"
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Basil Dearing sets out the lessons from Wright v Waters [2014] ‘When taking into account all s3 factors, the judge’s valued judgment was that Patricia Wright’s conduct outweighed all of the factors in her favour.’ In the recent case of Wright v Waters, a daughter’s claim against the estate of her mother, who had, by …
Continue reading "1975 Act Inheritance Claims: The price of estrangement"
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Wills & Trusts Law Reports | March 2015 #147The claimant was Patricia Wright who made a claim against the estate of her mother Mary Waters. Mrs Waters died on 29 December 2010 leaving an estate worth £138,000.
Mrs Waters had two children – Patricia and David. Patricia (a widow) has one child Victoria and two grandchildren. Patricia suffers from numerous medical conditions and is wheelchair bound. Her outgoings exceed her income.
David married Susan and has four children.
Mrs Waters made a will in January 2009 leaving legacies of £5000 to each of David’s children, £7,000 between her sister-in-law and a niece an...
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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Ruth Hughes looks at the lessons from Re Theodore; Zarrinkhat v Kamal, which concerned a claim by an adult under the 1975 Act ‘This case demonstrates the truth of the proposition that ‘necessitous circumstances’ are not enough on their own to create a viable claim under the 1975 Act.’ The case of Re Theodore ; …
Continue reading "Inheritance (Provision For Family And Dependants) Act 1975: ‘Necessitous circumstances’ are not enough"
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Kerry Rogers assesses the current attitude towards legacies and discusses how legal professionals should handle charitable giving ‘Legal professionals should ensure, that when a client draws up a will that makes little or no provision for their children, or other potential claimants, the client is made aware of the risk of a claim against the …
Continue reading "Charities: Live to give?"
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Fiona Campbell-White assesses whether we are still at liberty to leave our property to whomever we choose, however irrational ‘A testator can be unreasonable when making their will, provided that they are not deluded at the same time. Similarly, a will can be irrational, provided that the testator is capable of making a rational, fair …
Continue reading "Wills: The right to spite"
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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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