header-logo header-logo

Limitation: back on track?

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

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

Slater Heelis—Chester office

Slater Heelis—Chester office

North West presence strengthened with Chester office launch

Cooke, Young & Keidan—Elizabeth Meade

Cooke, Young & Keidan—Elizabeth Meade

Firm grows commercial disputes expertise with partner promotion

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

NEWS
The House of Lords has set up a select committee to examine assisted dying, which will delay the Terminally Ill Adults (End of Life) Bill
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
back-to-top-scroll