Family Law Hub

Inheritance Act

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  • 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
  • An Inheritance (Provision for Family and Dependants) Act 1975 claim where the deceased husband's will did not provide for one of his sons and his wife. The case was further complicated by an ambiguity in how the only asset, a house, was owned by the husband and another son - whether as tenants in common or as joint tenants. The final hearing was adjourned because there was huge ambiguity as to the legal position of the family home and whether or not there was any money left in D’s estate, one of the defendants had arrived at court to find himself unrepresented and facing an application that had not been served on him and the bundle had also failed to include a copy of the will. Judgment, 24/04/2018, free
  • Application brought by the 5 year old daughter of the deceased under the Inheritance (Provision for Family and Dependants) Act 1975 whereby it was claimed that the will of the deceased did not make reasonable financial provision for the child. The issues to be decided were whether the deceased, during his residence in England, acquired England as his domicile of choice, and if so, whether he abandoned it by travelling to India, where he lived until his death just over a month later. The court found that the deceased was domiciled in England at the date of his death and therefore an application could be brought. Judgment, 19/04/2018, free
  • In a tweet: Whether daughter entitled to dairy farm following detrimental reliance on late father's assurances Judgment, 11/04/2018, free
  • The claimant claimed reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 out of the estate of her late partner, who had left her nothing. An order was made which transferred one of the properties to her. Judgment, 03/04/2018, free

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