Law Overrides Will That Excludes Partner

29th October 2018 By Alireza Nurbakhsh

The law that allows someone who was dependent on a deceased person during their lifetime to make a claim against their estate if there is no, or inadequate, provision for them in the will is one of long standing (the Inheritance (Provision for Family and Dependants) Act 1975). However, many people think it applies only to blood relatives.

That this assumption is incorrect was emphatically confirmed in a recent case in which a 70-year-old woman was awarded £325,000 from the estate of a man with whom she had had a relationship lasting more than 20 years, the last seven of which they had spent together in the man’s home, which was the principal asset of the estate.

His will left his £1 million estate entirely to his two daughters, both of whom are comfortably off. When his former partner made a claim under the Act, they opposed it, contending that the relationship was not one of permanence and substance.

The judge concluded that the man had clearly had a responsibility to his partner and made the award.

Source: Concious

Latest News

International Dimension Makes Child Travel Risky

24th April, 2019 By Alireza Nurbakhsh

The welfare of children is always top of the list of priorities of the Family Court when making arrangements following the break-up of a family. This can be especially difficult where the parents are from different countries, as shown by a recent case in which the Court considered the welfare of a child of a Mexican mother and an English father. When the child, aged seven, had expressed a wish to return to live in Mexico, the CAFCASS official appointed as the child's guardian recommended that this did not occur....

Is IHT Simplification On the Way?

18th April, 2019 By Alireza Nurbakhsh

More than 550,000 people die annually in the UK and half of those deaths require the completion of Inheritance Tax (IHT) forms, which are not straightforward and can be a daunting burden at a difficult time for families. However, only 5 per cent of estates actually end up paying IHT. When there is an IHT liability, the average sum payable is about 20 per cent (the IHT rate is 40 per cent) of estates between £1 million and £9 million, but then falls to an effective rate of half that...

Fake Will Admission May Lead to Criminal Charges

15th April, 2019 By Alireza Nurbakhsh

When your spouse's lack of attention to making a will causes issues, faking one is definitely not a good idea, as a Kent woman found out recently. Her husband died in 2013 leaving various properties in Spain and a flat in England, but no will. The woman admitted to faking her late husband's will, which she had used to obtain a grant of probate and to sell the Spanish properties. She bought a property in London with some of the proceeds and moved into it with her stepson and his wife. When...

High Court Decision Underlines the Finality of Divorce Arbitration Awards

12th April, 2019 By Alireza Nurbakhsh

Divorcing couples can sometimes achieve savings of both time and money by opting for arbitration, rather than court proceedings, as a means of resolving any financial disputes. However, as a guideline High Court case underlined, arbitration has its potential downsides and it is vital to remember that arbitrators' decisions are generally treated as final. Faced with the prospect of having to wait several months for a court date following the breakdown of their ten-year marriage, a middle-aged couple chose to submit their differences to an arbitrator. He decided that the...