header-logo header-logo

15 April 2010 / Richard Sims
Issue: 7413 / Categories: Features , Wills & Probate , Family
printer mail-detail

Code of conduct

Richard Sims reports on developments in family provision & intestacy

The last few years have seen a number of cases in both the Chancery Division and the family courts where the behaviour of the parties has had a bearing on the outcome of the case or, at the very least, has been taken into consideration as a factor. While conduct has, since 1984, generally been a matter of irrelevance in divorce proceedings, the same cannot be said of family provision claims.

In Baynes v Hedger [2009] EWCA Civ 374, [2009] All ER (D) 50 (May) the claimant’s mother had been in a same-sex relationship with the deceased. It was held that the mere fact of receiving gifts was not sufficient, as it was apparent that the gifts were made by the deceased only with reluctance, and under a great deal of emotional pressure. The Court of Appeal acknowledged that the deceased had provided for her god-daughter, the claimant, during her lifetime but that her financial difficulties were of her own making. (See 159 NLJ

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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll