header-logo header-logo

Baynes v Hedger & anor: a lesson for charities?

15 October 2009 / Emily Campbell
Issue: 7389 / Categories: Features , Tax , Family
printer mail-detail

Emily Campbell highlights potential pitfalls in processing inheritance claims

Charities are often in the position of defending claims by alleged dependants, brought in respect of the estate of a deceased in which charity is interested.

These claims are made under the provisions of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975). For this reason, charities will find the recent decision of the Court of Appeal in Baynes v Hedger & anor [2009] EWCA Civ 374, [2009] 2 FLR 767 affirming [2008] EWHC 1587 (Ch), [2008] 2 FLR 1805 of particular interest.

This article considers claims brought by alleged dependants under I(PFD)A 1975 following that decision, with an emphasis on points of interest to charities.

The facts of the case are unusual. The scene was set in an English country house, Dunshay Manor in Dorset. The deceased was a well-known sculptress, Mary Spencer Watson, whose father had been a portrait painter and Fellow of the Royal Academy and whose mother had been a mime artist.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll