Wills & Trusts Law Reports | Autumn 2021 #184The claimant was the daughter of the deceased and the defendant was the sister of the deceased. The deceased had made a will dated 13 September 2017. By that will the deceased had left £25,000 each to the claimant, the claimant’s son and another sister of the deceased. The remainder was left to the defendant.
The net estate was valued at around £245,000. The defendant stood to receive approximately £193,000 less legal fees.
In 1968 the deceased had separated from the claimant’s mother. Thereafter the claimant had a difficult relationship with the deceased. Prior to the birt...
Recent claims from adults under the 1975 Act abound. Laura Abbott differentiates the winners from the losers While the claimant in this case was the deceased’s granddaughter, and so claiming under s1(1)(e) as a person maintained as opposed to a child under s1(1)(c), the judge’s approach to the case and rationale mirrors that in recent …
Continue reading "The 1975 Act: Establishing genuine financial need"
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Jamie Randall examines a case of an aristocratic family estrangement and an adult claim under the 1975 Act ‘Although the starting point is testamentary freedom, there is no escaping that the purpose of the Act is to give effect to some sort of moral obligation to provide for surviving family members and dependants.’ In Wellesley …
Continue reading "The 1975 Act: Drink, drugs and bohemia"
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