Source: All England Reporter
Publisher Citation: [2003] All ER (D) 348 (Apr)
Court: Chancery Division

Judge Norris QC, Birmingham

Representation Glenn Campbell (instructed by Lodders, Stratford-upon-Avon) for the claimant.
  Donald McConville (Blakemores, Birmingham) for the defendants.
Judgment Dates: 18 July 2002


Executors and administrators - Family provision - Application by cohabitant - Consideration of relevant factors - (Provision for Family and Dependants) Act 1975, ss 1(1A), 1(3).

The Case

On the claimant's application for, inter alia, reasonable financial provision pursuant to the ss1(1A) and 1(3), the court ruled that since the claimant was partly maintained by the testator she fulfilled the conditions in s1(3). Accordingly, the property should be transferred to her, charged with the payment to the estate of 65,000, which represented the family's interest in the trust fund.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.