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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll