Contesting a will

What is a reasonable financial provision from an estate?

In 2018 Pauline Lomax issued proceedings for reasonable financial provision from the estate of her late husband under the Inheritance (Provision for Family and Dependants) Act 1975 (‘Inheritance Act’). Her step son Stuart Lomax is defending the proceedings on the basis that her claim has no merit as he believes adequate provision has already been made for her under the terms of the deceased’s will dated 23 December 2013 (‘the Will’).

Wills and simultaneous deaths

John and Anne Scarle died at home from hypothermia in October 2016 but were not found until worried neighbours telephoned the police. Mr and Mrs Scarle both had children from previous relationships who sought to argue that they were respectively entitled to receive the estate.

When is a copy will admissible?

The law on the revocation of wills has recently been in the spotlight, with the case of Blyth v Sykes. Laura Abbott, of Wright Hassall, explores the relatively narrow circumstances in which a copy of a will can be admitted when the original document cannot be located without explanation.

Inheritance Act claims by adult children post Ilott

The law surrounding provision for adult children in the context of the Inheritance (Provision for Family and Dependants) Act 1975 has been somewhat in turmoil in recent years following the much publicised Ilott case, and a spate of other claims. Practitioners do, sensibly, approach this area of law with caution.

Forfeiture and assisted suicide

The well-established forfeiture rule provides that if a person unlawfully kills another they are not able to inherit from their estate. Dunbar v Plant [1998] Ch 412 is the existing legal authority, and in this case it was held that the forfeiture rule applies to assisted suicide cases, as assisted suicide is a crime under section 2 of the Suicide Act 1961.

Inheritance (Provision for Family and Dependants) Act 1975 claim

Joan Thompson claimed reasonable financial provision under the Inheritance (Provision for Family and De-pendants) Act 1975 from the estate of her partner, Wynford Hodge. He gave his £1.5m estate to Karla Ev-ans and Agon Berisha, who were tenants of one of his properties. The will made no provision for Joan, who was financially dependent on Wynford and who had lived with him for 42 years.
1 2 3 4 58

Filter by article type