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Family Provision

03 May 2012
Issue: 7512 / Categories: Case law , Law digest , In Court
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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 government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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