Contentious probate: When enhanced provision is sought by spouses under the Inheritance Act

Thomas Entwistle analyses an application under the Inheritance (Provision for Family and Dependants) Act 1975 that has valuable practice points for practitioners Mrs Ramus’ main concern with the provision made for her under the will was that the trustees had power to terminate her life interest. This article discusses the recent decision of Upper Tribunal …
This post is only available to members.

Berger v Berger [2013] EWCA Civ 1305

Wills & Trusts Law Reports | January/February 2014 #136

The appellant, who was in her mid-80s and in poor health, was the widow of the deceased who had died on 26 June 2005. Both parties had children by previous marriages, and were together for 36 years. The deceased’s estate totalled approximately £7.5m and consisted of a large matrimonial home in Surrey, a half share in a property in Arizona, three properties in London and a controlling holding of shares in a property development company. By his last will (the will) the deceased, after appointing the appellant and his two sons to be executors and trustees, gave his share in the property in ...

AR v AR [2011] EWHC 2717 (Fam)

Wills & Trusts Law Reports | April 2012 #118

The parties separated after a relationship of approximately 25 years and the wife commenced divorce proceedings (decree nisi being pronounced in October 2010). They had one child who was aged 18 (the husband had three children by his first marriage). The husband was aged 66 and the wife 54.

The total wealth was in the region of £21-£24m (all but approximately £1m was in the husband’s name). The source of the husband’s wealth was a business that his father bought shortly after the second world war, which floated in the 1950s and sold in the late 1980s. From his father, the husband ...