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03 May 2012
Issue: 7512 / Categories: Case law , Law digest , In Court
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Family Provision

Lilleyman v Lilleyman and another [2012] EWHC 821 (Ch), [2012] All ER (D) 105 (Apr)

It was well established that the Inheritance (Provision for Family and Dependants) Act 1975 imposed a two-stage task upon the court when addressing a claim for financial provision. The first question was whether the will had made reasonable financial provision for the claimant. The second question, which arose only if the first was answered in the negative, was whether and to what extent the court should exercise its own wide powers in that respect.

Further, s 3 required the court in conducting both those stages of the analysis to have regard to the matters set out in s 3(1)(a)–(g). Each of those matters might be of infinitely variable weight, on the particular facts of any given case.
 

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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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