Source: All England Reporter
Publisher Citation: [2012] All ER (D) 140 (Oct)
Neutral Citation: [2012] EWCA Civ 1268
Court: Court of Appeal, Civil Division
Judge:

Sir Nicholas Wall P, Lloyd and Sullivan LJJ

Representation Ulick Staunton (instructed by Hunters) for D.
  Christopher Wagstaffe QC and Miranda Allardice (instructed by DWFM Beckman) for the family defendants.
Judgment Dates: 15 October 2012

Catchwords

Family provision - Person who immediately before deceased's death was being maintained by deceased - Dependant - First claimant and deceased living together and having teenage son - Defendants being adult children of deceased from former marriage - Defendants refusing to take out letters of administration - Claimant seeking determination of interest in estate and maintenance - Judge awarding claimant virtually whole of assets held in England - Defendants appealing - Whether judge erring - .

The Case

Family provision Person who immediately before deceased's death was being maintained by deceased. The Court of Appeal, Civil Division, upheld a judge's award made under the awarding the first claimant virtually the whole of what the judge understood to be the English assets of the deceased estate, since the judge had not erred in principle and had carried out an exercise to provide for the reasonable maintenance of the first claimant.

Practice Areas

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