Family Law Hub

Inheritance Act

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  • 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
  • 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

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