Sentences with phrase «make reasonable financial provision»

Even if a will is valid, its provisions may be challenged after the testator's death on the ground that the will does not make reasonable financial provision for the claimant under the Inheritance (Provision for Family and Dependants) Act 1975.

The litigation, which has lasted three years, centred around whether Mr Wooldridge's homemade Will failed to make reasonable financial provision for Mrs Wooldridge.

In both situations, if the effect of the Will or the laws of intestacy is not to make reasonable financial provision for a potential claimant, then a claim can be made against the estate under the Inheritance (Provision for Family and Dependants) Act 1975.

First, where a Will is made which fails to make reasonable financial provision from the estate for the claimant and second, if no Will was made at all, in which case the intestacy laws apply.

Unreasonable testamentary behaviour of the deceased may be considered, but English law, the court confirmed, recognizes the freedom of individuals to dispose of their assets by will in whatever manner they wish, subject to the statutory requirement to make reasonable financial provision for a limited class of persons.

The right question for the court is: did the will / intestacy make reasonable financial provision?

S, who had been G's wife and partner for over 20 years, contended that the will failed to make reasonable financial provision for her and applied for such provision to be made.

This meant a notional valuation of the estate at between # 1.15 m and # 1.35 m. On that basis, and perhaps unsurprisingly, the judge (Paul Chaisty QC) had «no hesitation in concluding that [G's] will failed to make reasonable financial provision for his wife and partner of over 20 years and mother of his four sons».

Not exact matches

The judge had no hesitation in concluding, that for the purposes of Inheritance (Provision for Family and Dependents) Act 1975 (I (PFD) A 1975) s 1 (2)(a) the deceased's will had not made «reasonable financial provision» for tProvision for Family and Dependents) Act 1975 (I (PFD) A 1975) s 1 (2)(a) the deceased's will had not made «reasonable financial provision» for tprovision» for the widow.

The court will usually have to decide whether the will made reasonable provision for you (such reasonable provision as it would be reasonable in all the circumstances of the case for you to receive for your maintenance) and, if not, what reasonable financial provision ought now to be made for you.

As a child of the deceased, Mrs Ilott made an application for reasonable financial provision under the Inheritance (Provision for Dependents) Act 1975 (the 1975 Act) and on 7 August 2007 the district judge awarded her a lump sum of provision under the Inheritance (Provision for Dependents) Act 1975 (the 1975 Act) and on 7 August 2007 the district judge awarded her a lump sum of Provision for Dependents) Act 1975 (the 1975 Act) and on 7 August 2007 the district judge awarded her a lump sum of # 50,000.

After her mother died, she made a claim under the IPFDA on the basis that «reasonable financial provision» had not been made for her.

Was reasonable financial provision made?

Following Ms Jackson's death, her daughter did make a claim on her estate under the Inheritance (Provision for Family and Dependants) Act 1975 on the basis that she was on a very low income of state benefits and required reasonable financial provision to be made to her from her late mother'Provision for Family and Dependants) Act 1975 on the basis that she was on a very low income of state benefits and required reasonable financial provision to be made to her from her late mother'provision to be made to her from her late mother's estate.

In such circumstances, the surviving partner could make a claim to the court for reasonable financial provision from the deceased partner's estate.

The daughter can bring a claim under the Inheritance Act because the Will does not make «reasonable financial provision» for her.

In cases brought under the 1975 Act (one of the only means for individuals to challenge the terms of a valid will), the test is still what would have been reasonable financial provision for the claimant to receive in the circumstances of the estate, so it is common for a «luxurious» lifestyle to be taken into account in making a decision.

In some circumstances, different from those of the present case, receipt of state support greater than the testator could sensibly provide may be an understandable reason why it was reasonable for the deceased not to make financial provision for the claimant (ibid 45)

The essential needs of reasonable shelter and financial provision is seen as foundation elements of life, and if unattended to, can create such an overpowering set of needs themselves, as to make it pointless, to consider others.

If you feel you have not received reasonable financial provisions from a will then you may be entitled to contest a will and make a claim.