Source: All England Reporter
Publisher Citation: [2002] All ER (D) 150 (Jan)
Court: Chancery Division

Launcelot Henderson QC sitting as a deputy judge of the High Court

Representation Anthony Mann QC (instructed by McKinnells, Lincoln) for the claimant.
  Nicola Preston (instructed by Robinsons, Ilkeston) for the defendants.
Judgment Dates: 22 January 2002


Family provision - Widow - Reasonable financial provision - Defendants adult sons of claimant and deceased - Deceased leaving his interest in partnership to sons in equal shares, subject to an annuity to claimant - Partnership subsequently wound up and partnership land sold for substantial amount - Claimant and defendants falling out ||Whether claimant entitled to share in realised value of business.

The Case

In proceedings brought under the viewed objectively, the will did not make reasonable financial provision for the claimant widow. The court accordingly awarded her a lump sum payment of 175,000 out of the net estate.

Practice Areas

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