header-logo header-logo

28 June 2007 / Ian Johnson
Issue: 7279 / Categories: Features , Wills & Probate
printer mail-detail

Bounty claims

Practitioners need to avoid subjectivity when evaluating the merits of disputed will claims, says Ian Johnson

In Garland v Morris [2007] EWHC 2 (Ch),  [2007] All ER (D) 11 (Jan), Michael Furness QC, a deputy High Court judge, rightly rejected a claim by an adult daughter for an award out of her late father’s estate under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975). While the decision cannot be faulted on its facts, the way in which it was ultimately expressed has left the author concerned that some judges might now be inclined towards a more subjective assessment of the manner in which a testator has disposed of his estate rather than the traditional objective approach.

An adult child who does not receive equal treatment with his siblings may attempt to rationalise his parent’s testamentary dispositions on a subjective basis. Was it favouritism on the part of the testator? Was it prejudice? Was it plain ignorance? In doing so, there is a desire to get into the mind of the testator and to

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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll