Smith v Lancashire Teaching Hospitals NHS Foundation Trust & ors [2018] WTLR 1469

Wills & Trusts Law Reports | Winter 2018 #170

The claimant had cohabited with her partner for 11 years until his untimely death, which was caused by the admitted negligence of the first and second defendants.

Under s1 of the Fatal Accidents Act 1976 (FAA), the claimant, as a cohabiting partner for more than two years, was entitled to bring a claim for damages as a dependant of the deceased. This claim was settled by the first and second defendants, who then took no active role in these proceedings. However, the claimant was not able to bring a claim for bereavement damages under s1A FAA, as...

Gregg & anr v Pigott & ors [2012] EWHC 732 (Ch)

Wills & Trusts Law Reports | July/August 2012 #121

The court was asked to construe the phrase ‘statutory next of kin’ in a settlement that was executed in 1948. It was common ground that, under the classic rules of construction, that phrase would have excluded adopted children because the intestacy rules in 1948 did not benefit adopted children. However, the adopted children argued that they were entitled to capital and income under the trust in preference to their distant cousins who would have benefited under the intestacy rules as enacted in 1948. The adopted children argued that to prevent them benefiting would be a breac...