header-logo header-logo

28 March 2019 / Scott Taylor
Issue: 7834 / Categories: Features , Wills & Probate
printer mail-detail

Limitation: back on track?

Scott Taylor considers the appropriate use of ‘standstill’ agreements in claims for financial provision

  • Bhusate v Patel and Cowan v Foreman: the facts; reconciling the judgments; and the implications of the cases.

In Bhusate v Patel [2019] EWHC 470 (Ch) Mrs B, the claimant, was the widow of the deceased who died intestate on 28 April 1990. She was Mr Bhusate’s third wife. Together they had one child. Mr Bhusate had had five children with his first wife who were aged between 54 and 72 at the time of the hearing and relations between four of those children and the claimant were not good as they objected to her receiving anything from their father’s estate, which they regarded as belonging to their mother who had died some years previously.

The estate

The estate was limited, with the main asset being the house (valued at £850,000) and around £1,500 in bank accounts. The claimant and the second eldest of the deceased’s children (with whom the claimant enjoyed a reasonably supportive relationship)

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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
back-to-top-scroll