The decision of the Court of Appeal last week in Haley v Haley [2020] EWCA Civ 1369 represents a fundamental shift in the approach to be taken to challenges to financial remedy arbitration awards, made upon divorce or dissolution of civil partnerships pursuant to the provisions of the Matrimonial Causes Act 1973 (“MCA 1973”) (or […]
Category Archives: Inheritance Act claims
25
Oct
Oct
We now have two recent decisions on the subject of interim payments under s. 5 of the Inheritance (Provision for Family and Dependants) Act 1975: the decision of Mrs Justice Lieven in T v V, which I have covered in a recent post here, and now the decision of Mr Justice Francis in Weisz v […]
10
Jun
Jun
T v V [2019] EWHC 214 (Fam) is a case that will be of interest to contentious probate practitioners since it deals with the question of when the court should exercise its power to award interim payments to a claimant in a claim under the Inheritance (Provision for Family and Dependants) Act 1975. The judgment […]
07
Jan
Jan
Taking a slightly longer view than the last 12 months, there have been a number of interesting 1975 Act decisions since the Supreme Court’s decision in Ilott v Mitson [2017] UKSC 17. Whilst each case turns on its own facts, it is interesting to compare the decisions in Ball v Ball and in Nahajec v Fowle, both featuring […]
20
Sep
Sep
There are very few reported decisions on the approach to be taken to claims under the Inheritance (Provision for Family and Dependants) Act 1975 by minor children – most likely for a couple of reasons, it is unusual for people to fail to make provision for minor children and, where someone does fail to make […]
06
Apr
Apr
HHJ Jarman QC sitting in the High Court has given judgment on a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (“IPFDA”) on a claim brought by the deceased’s cohabitee: Thompson v Ragget & Ors [2018] EWHC 688 (Ch) The decision is of particular interest as HHJ Jarman considered […]
19
Sep
Sep
On the heels of the Supreme Court judgment in Ilott v Mitson, we have two recent cases of interest concerning claims under the Inheritance (Provision for Family and Dependants) Act 1975 that follow and apply the dicta of the Supreme Court in Ilott: Ball v Ball [2017] EWHC 1750 (Ch), a decision of Judge Paul Matthews sitting […]
26
Apr
Apr
The High Court in Roberts v Fresco [2017] EWHC 283 (Ch) has confirmed that claims under the Inheritance (Provision for Family and Dependants) Act 1975 are purely personal and non-inheritable and thus cannot be pursued by a claimant’s personal representatives, following the death of the claimant. That this was so appeared to be fairly well settled based […]
16
Mar
Mar
The Supreme Court handed down judgment in Ilott v Mitson [2017] UKSC 17 yesterday morning and allowed the charities’ appeal, restoring the decision of District Judge Million to award Heather Ilott a lump sum of £50,000 from her mother’s estate – and bringing to conclusion a decade of litigation. The key points to note are: […]