Martin v Williams [2017] WTLR 1041
Wills & Trusts Law Reports | Autumn 2017 #169This was an appeal against a decision of the County Court ([2016] WTLR 1075) to make reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 for Mrs Joy Williams from the estate of her deceased partner Norman Martin. Under the terms of Mr Martin’s last will his entire estate passed to Mrs Maureen Martin, Mr Martin’s wife, from whom he was separated, but to whom he remained married until the date of his death. Mr and Mrs Martin had not divorced but they had made an informal arrangement regarding their separation.
HHJ Gerald made an order ...
Kebbeh v Farmer [2015] EWHC 3827 (Ch)
Wills & Trusts Law Reports | July/August 2016 #161Malcolm Mitchell (the deceased) died on 26 September 2011 in Gambia. By his final will dated 5 May 2006 he divided his estate between his three daughters equally, subject to minor pecuniary bequests. The will left no provision for his second wife, Haddy Kebbeh (the claimant). The claimant brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act). The defendants claimed that the deceased died domiciled in Gambia, and that the claimant therefore had no claim pursuant to s1(1) of the Act.
The deceased had moved to Gambia...
Dellal v Dellal & ors [2015] EWHC 907 (Fam)
Wills & Trusts Law Reports | September 2015 #152The defendants applied for an order summarily terminating the claimant’s application for an order under s10 of the Inheritance (Provision for Family and Dependants) Act 1975 (the Act) without trial.
J was a well-known, successful property dealer who died on 28 October 2012 worth a large fortune. The claimant (C) was his widow and had married J in 1997 following ten years’ cohabitation. They lived a high lifestyle. J had been married previously and had nine children; two children with C, four children from a previous marriage (D1, D2, D3 and D...
Beckett & anr v McMillan & anr [2015] NICh 8
Wills & Trusts Law Reports | September 2015 #152Beatrice Maeve Beckett was born on 15 March 1939. She married the late Raymond Walter Beckett (the deceased) on 6 August 1958. They had two sons. They eventually separated, after a series of what Mrs Beckett described as the ‘lengthy adulterous relationships’ on the part of the deceased.
The deceased eventually began cohabiting with Evangeline Jemima Herd, and they were living together as man and wife at the time of his death on 27 May 1997. He left a will of 8 February 1996 under which the entirety of his estate passed to Ms Herd.
Mrs Beckett issued proceedings...
Gordon v Legister [2014] EWHC 2041 (Ch)
Wills & Trusts Law Reports | December 2014 #145The claimant (Arlene) applied for reasonable financial provision from the estate of Alonzo Legister (the deceased) as someone maintained by the deceased immediately before his death under s1(1)(e) of the Inheritance (Provision for Family and Dependants) 1975 (the 1975 Act). The claim was contested by the defendant, who was the administrator of the estate and one of the residuary beneficiaries on Alonzo’s intestacy. It was Arlene’s case that she was cohabiting with the deceased prior to his death. However, it was accepted that even on her case she wa...
Ilott v Mitson & ors [2014] EWHC 542 (Fam)
Wills & Trusts Law Reports | May 2014 #139This was an appeal against quantum in an application under the Inheritance (Provision for Family and Dependants) Act 1975. The deceased was called Melita Jackson and the appellant was her estranged daughter.
The proceedings had a protracted history. There was an initial hearing of the claim in front of District Judge Million on 7 August 2007. He found as facts that the appellant and her husband and family lived modestly in a housing association house. They were heavily dependent on state benefits. The appellant did not work and her husbands income was small. The family’s ...
Berger v Berger [2013] EWCA Civ 1305
Wills & Trusts Law Reports | January/February 2014 #136The 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 ...
Thomas v Jeffery & ors [2012] EWCA Civ 693
Wills & Trusts Law Reports | January/February 2013 #126The appellant (Richard) had successfully brought an application for reasonable financial provision from the estate of his late father. This had been initially expressed as a family provision and proprietary estoppel claim for some 50% of the deceased’s estate. The proprietary estoppel claim was dropped but the level of provision claimed under the Inheritance (Provision for Family and Dependants) Act 1975 remained unaltered.
Richard provided little information on his financial position until directed to do so by the recorder at trial. This late disclosure proved the...
Bahouse & anr v Negus [2008] EWCA Civ 1002
Wills & Trusts Law Reports | September 2012 #122Henry Bahouse (D) died on 27 March 2005 leaving an estate of approximately £2.2m in including a flat worth approximately £400,000. He had been married twice before and there was a son of his first marriage, Gordon (G), the residuary legatee under D’s will of 24 January 1996 and one of the executors seeking permission to appeal the decision of the lower court. Cyd Negus (C) was D’s cohabitee. No provision was made for her in the will and she made various claims against the estate. In the High Court she was awarded maintenance under the Inheritance (Provision for Family and Dependents) Act...