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...
Emma Collins provides a summary of case law developments regarding claims under the Inheritance (Provision for Family and Dependants) Act 1975 ‘The charities’ claim was not on a par with that of the claimant, but while the charities’ claim was not based on personal need, they depended heavily on testamentary bequests for their work.’ Family …
Continue reading "Contentious probate: Beyond the grave"
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Katherine Pymont reflects on the lessons from Roberts v Fresco [2017] ‘In order for a personal representative to bring a claim, a cause of action must have vested in the deceased before his or her death.’The High Court has held in Roberts v Fresco [2017] that a husband or wife’s right to claim under the …
Continue reading "1975 Act Claims: Dead end"
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