Family Law Hub

Fielden v Cunliffe [2005] EWCA Civ 1508

Judgment, published: 31/12/2005

Items referring to this

  • Claimant's appeal against the provision made to her by order of the District Judge under the Inheritance (Provision for Family and Dependants) Act 1975. The claimant's mother, who was estranged from her daughter, died and left her estate to three charities. The District Judge concluded that it was an "unreasonable result" that no provision at all was made for the claimant in circumstances where she was in some financial need and awarded her £50,000. The claimant appealed the sum but she lost, the judge saying that the District Judge was not manifestly wrong, or even wrong, in taking the view that notwithstanding that the claimant and her husband and family lived in straightened circumstances, the fact they had done so for so many years did not justify an award which improved their circumstances. Judgment, 05/03/2014, free
  • The wife of the deceased husband was appealing the transfer of his beneficial interest in their jointly owned property to his long term partner where the court held that the terms of his will was not such as to make reasonable financial provision for his partner under section 2(1) of the Inheritance (Provision for Family and Dependants) Act 1975. The appeal was dismissed. Judgment, 13/03/2017, free
  • 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: 31/12/2005


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