Wills & Trusts Law Reports | Spring 2022 #186The claimant and the deceased were married in 2012. In 2014, the deceased petitioned for divorce and also executed a will by which he bequeathed his entire estate to his children, the defendants, leaving express wishes that the claimant should not benefit from his estate. However, he and the claimant were then reconciled and the petition withdrawn. In 2018, the deceased again petitioned for divorce, and in February 2019 he and the claimant separated with the claimant leaving the deceased’s property in Edgar Road, London, but the deceased died on 30 September 2019 before any decree. The f...
Amy Berry provides practical points on seeking to extend time under s4 of the Inheritance (Provision for Family and Dependants) Act 1975 It is of fundamental import to remember that the divorce fiction, to which the pre-acquired/non-matrimonial asset issue relates, is only one aspect of the s3 criteria that the court must weigh when considering …
Continue reading "The 1975 Act: Applying the principles"
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Rebecca Viola summarises the approach taken to trust assets introduced into a marriage and the factors that will be taken into account by the court as to the nature of such assets Property or assets owned by a party which derive from a source outside the marriage will not per se be excluded from the …
Continue reading "Non-matrimonial assets: To mingle or not to mingle?"
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Wills & Trusts Law Reports | Spring 2019 #174A company was incorporated by the husband and a friend in 1978 as equal shareholders. The husband and wife started living together in 1986, and married in 1989. At this point, the husband acquired 99% of the shares and the wife 1%. They separated in 2015.
On a wife’s application for a financial remedy order, the judge found that the capital assets were £182m in properties and pension funds, and 100% of the shares in a private company, which he valued at £221m before tax and costs of sale. He found that 80% of the company’s value was marital property, by applying a straight-line ap...
Moji Sobowale examines non-matrimonial assets and the differing approaches to such assets that have developed in case law ‘The court has a wide discretion as to how to arrive at a fair apportionment of the capital assets and can simply apply a broad assessment of the division that would affect “overall fairness“.‘ The Court of …
Continue reading "Non-matrimonial property: Diverging views"
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In the conclusion to a two-part analysis, Deborah Jeff considers the law on non-matrimonial assets and the key principles applied ‘While non-matrimonial property is subject to the sharing principle, it still typically results in a departure from equal sharing – anything from 0-100%.’ The first part of this article looked at the Privy Council decision …
Continue reading "Non-Matrimonial Property: Beyond reach?"
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In the first of a two-part analysis, Deborah Jeff questions whether the Privy Council decision in Scatliffe v Scatliffe has further developed the law on non-matrimonial assets ‘It isn’t clear whether the intention of the Privy Council was to introduce the principles of both needs and compensation when considering whether non-matrimonial property should be shared.’ …
Continue reading "Non-Matrimonial Property: Moving forward?"
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