Garland v Morris & Anor
The claimant failed to establish that it was unreasonable for her father to make no provision for her, given the estrangement, prior benefit from her mother's estate, and the reasonable claims of the second defendant and her family. The financial need of the claimant was outweighed by these factors.
- Parties
- Claimant: Yvette Hilary Garland; First Defendant: Arnold Brian Morris; Second Defendant: Beverly Joy Moore
- Jurisdiction
- England and Wales
- Judgment Date
- 11 January 2007
- Procedural Posture
- Claim Under Inheritance (provision for Family and Dependants) Act 1975 / Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Inheritance, Provision for Dependants, Testamentary Dispositions, Adult Child Claims
Case Brief
Summary, issues, holding and outcome
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Parties
Yvette Hilary Garland
Claimant
Arnold Brian Morris
First Defendant
Beverly Joy Moore
Second Defendant
Procedural Posture
Claim Under Inheritance (provision for Family and Dependants) Act 1975 / Judgment
Legal Issues
- 1 Whether the will and codicil of Cuthbert Peter Garland failed to make reasonable provision for the claimant under section 1 of the Act
- 2 Whether the estrangement between the claimant and the deceased affected the claimant's entitlement
- 3 Whether the claimant's financial need justified provision from the estate
Ratio Decidendi
The claimant failed to establish that it was unreasonable for her father to make no provision for her, given the estrangement, prior benefit from her mother's estate, and the reasonable claims of the second defendant and her family. The financial need of the claimant was outweighed by these factors.
Court Disposition
Claim dismissed
Full Case Text
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