Family Law Hub

Roberts & Anor v Fresco [2017] EWHC 283 (Ch)

In a tweet: Ability to bring an IPFDA 1975 claim does not survive the potential claimant's death

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Case note, published: 22/03/2017

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  • The court held that a potential Inheritance Act claim by a surviving husband against his deceased wife's estate abates on the death of the husband. Thus the daughter of the deceased husband could not bring a claim under the Act after he had also died. However, the court allowed an amendment to the claim, the claimant relying on section 2(1)(f) of the 1975 Act which says that the Court has the power to vary "any ante-nuptial or post-nuptial settlement (including such a settlement made by will) made on the parties to a marriage to which the deceased was one of the parties, the variation being for the benefit of the surviving party to that marriage, or any child of that marriage, or any person who was treated by the deceased as a child of the family in relation to that marriage." Here the claimant would have to show that she was "treated by the deceased as a child of the family in relation to that marriage." Judgment, 21/02/2017, free

Published: 22/03/2017

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