An update on the case of Lewis v Warner – a case which looked at reasonable financial provision under the Inheritance Act, which was appealed recently to the Court of Appeal. Claiming Reasonable Financial Provision under the Inheritance Act 1975 Under the Inheritance (Provision for Family and Dependants) Act 1975, dependants of a deceased person can claim reasonable financial provision when the will does not adequately provide for them. We’ve […]
Can adult children ‘rely’ on receiving an inheritance from their parents? Or is this a risky game to play, following what has been seen as a restatement of the principle of testamentary freedom in Ilott v Blue Cross & others? Following the case of Ilott v Blue Cross & Others, a lot has been written about what the Supreme Court’s decision means for those making a will. The feeling is […]
In this blog we look at the situation of claims under the Inheritance Act and whether the right to claim continues if the Claimant dies during proceedings. Some legal actions survive even when a claimant has died – so for example in a personal injury claim, the personal representatives of an injured Claimant can continue to pursue the claim after the Claimant has died. Equally in these cases, a Claimant […]
The Inheritance (Provision for Family and Dependants) Act 1975 allows claims for ‘maintenance’ from a deceased’s estate by “a person who immediately before the death of the deceased was being maintained either wholly or partly by the deceased” (Section 1(1)(e)). In the case of Kenneth Paul King v The Chiltern Dog Rescue, Redwings Horse Sanctuary [2015] EWCA Civ 581, the Court of Appeal had to review the situation where the […]
Can the Inheritance (Provision for Family and Dependants) Act 1975 help someone who is able to provide for themselves? We look at the case of Lewis v Warner, in which a common law partner who sought to purchase the house where he had lived for the last 20 years and avoid eviction by the sole beneficiary of his deceased partner’s will. The Facts The deceased had left her entire estate […]
You may feel aggrieved by the provisions of a will – but what are the practicalities of contesting wills in the UK? In the wake of the death of a relative, a close friend, there are many things to contend with, not least your grief. Notwithstanding how difficult the weeks and months that follow, there are many practical steps that need to be taken when someone close to you has […]
