Source: All England Reporter
Publisher Citation: [2007] All ER (D) 353 (Oct)
Court: Chancery Division
Judge:

Judge Roger Kaye QC sitting as a judge of the High Court
Representation Alper Riza QC (instructed by Nockolds) for the son and the first wife.
  Evan Price (instructed by Freedman Green) for N.
Judgment Dates: 23 October 2007

Catchwords

Administration of estates - Family provision - Application - Deceased's co-habitee - Co-habitee's entitlement to a reasonable financial provision from the deceased's estate - Whether co-habitee entitled to reasonable financial provision - Inheritance (Provisions for Family and Dependants) Act 1975, ss 1(1B), 2.

The Case

Administration of estates - Family provision. In the circumstances of the instance case, N, the deceased's co-habitee, was entitled to reasonable financial provision to be made for her under the 1996 will, pursuant to s2 of the Inheritance (Provisions for Family and Dependants) Act 1975, even though she could not make out, on the evidence that she had a beneficial interest in the property. The court held that, on the facts, a reasonable financial provision for N's lifetime would be the transfer of the property to her, without the encumbrance of mortgage, together with the payment of 240,000.

Practice Areas

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