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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll