Family Law Hub

Inheritance Act

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  • In brief: Here the defendant had applied for an adjournment of the trial. However, the medical evidence supporting her application was erroneously not shown to the trial judge, the defendant did not turn up, he refused to adjourn and an order was made in the claimants’ favour (the estate was split £69,000 to the defendant and £630,000 to the claimants). On appeal it was found that the defendant had not actually made an application under r.39.3(5) CPR 1998 and had in any event not satisfied the three criteria under r.39.3 needed to make a successful application to set aside a judgment. The judgment could not be set aside. In terms of the appeal against the substantive award, the court concluded that there was no basis for interfering with it save to the extent that fresh evidence that wad admitted modestly reduced the award made to the original claimants. Judgment, 22/10/2018, free
  • The claimant was the third wife of the deceased (who died in 1990) and was making three primary claims: (1) that she was now the sole beneficial owner of the property; (2) in the alternative, that she and the defendants (the deceased's children from his first marriage) became equitable co-owners of the property; (3) in the further alternative, she said that she was entitled, as against the deceased's estate, to her statutory legacy and a capitalised life interest, plus interest at 6% per annum since the date of his death. Judgment, 14/09/2018, free
  • The Claimant's claim was for reasonable financial provision pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 after his partner of more than 20 years died. The Claimant was granted a life interest in one half of the net proceeds of sale of her house. Judgment, 23/08/2018, free
  • Inheritance (Provision for Family and Dependants) Act 1975 case where the infant children of the deceased husband and his extra-marital partner claimed that his will (which pre-dated their births) did not make any provision for them after he left everything to his wife. Judgment, 01/08/2018, free
  • The Claimants brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against the executors of the estate of their late father that their father, who had remarried since divorcing their mother, intended that following his death his estate should take over responsibility for making payments to them until they were 18 or had completed tertiary education as set out in an order made in 2007 . Judgment, 14/05/2018, free

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