Analysis
The claimant had been married to the deceased for 11 years. The deceased took her own life on 11 April 2017. The claimant and the first and second defendants, the deceased’s siblings, were appointed executors of the deceased’s 2015 will. Probate was granted in April 2018.
On 27 August 2019, the claimant was removed as an executor of the 2015 will by the court. The claimant brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against the estate of the deceased on 21 November 2019, which was opposed by the first and second defendants. The third and fourth defendants were the adopted children of the claimant and deceased and were represented by their litigation friend.
The value of the distributable estate was £131,598.50, of which the claimant would receive a life interest in a property and £1,500. The first defendant would receive around £28,000; the second defendant around £30,000; and the third and fourth defendants around £34,000 each. The claimant applied for permission for their claim to continue under s4 of the Inheritance Act.
Held:
Application granted. There was a failure by the claimant to take his case forward, but it was not the case that there must be a good reason for delay in every case. This was a spouse claim in the context of a long marriage: generally there is a presumption in the spouse’s favour, and perhaps a starting point of a 50/50 division akin to the Matrimonial Causes Act. The case law did not suggest that the value of the claim or disproportionateness of costs were factors the court should consider. Matters as to allegations of abuse levelled at the claimant against the deceased which the claimant denied were an issue for trial. On an application, the claimant’s evidence should be put at its best. The delay did not outweigh the merits. The estate has not been distributed and there was no prejudice. There was insufficient information to consider if other remedies were available to the claimant, such as a professional negligence action against solicitors.
JUDGMENT DISTRICT JUDGE CARTER: [1] This is an application by the claimant pursuant to s4 of the Inheritance Act to allow the claim to proceed. I have already given one judgment in relation to this case, but I will briefly within this judgment give some details of the background of the claim to put my …Continue reading "Chimelu v Egemonye & ors (2) [2022] WTLR 23"