H (Deceased), Re

H (Deceased), Re

The will did not make reasonable financial provision for the claimant, given her severe mental illness and inability to support herself and her children. However, due to estrangement, limited prior financial support, and the need to prioritize the mother's care costs, the award should be limited to meeting the claimant's immediate needs for therapy, income shortfall, loss of universal credit, replacement goods, rental deposit, and a reasonable CFA mark-up, but not for purchase of a new property or lifetime income fund.

Parties
Claimant: SH; 1st Defendant: NH; 2nd Defendant: KH
Jurisdiction
England and Wales
Judgment Date
07 May 2020
Procedural Posture
Inheritance Claim / Final Judgment
Outcome
Claim allowed in part; reasonable financial provision ordered for claimant's immediate needs.
Legal Topics
Inheritance (provision for Family and Dependants) Act 1975, Reasonable Financial Provision, Adult Child Claims, Maintenance, Conditional Fee Agreements
Family Law Succession Law Inheritance (provision for Family and Dependants) Act 1975 Reasonable Financial Provision Adult Child Claims Maintenance Conditional Fee Agreements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 13
Sign in to unlock

Parties

SH

Claimant

NH

1st Defendant

KH

2nd Defendant

Procedural Posture

Inheritance Claim / Final Judgment

Legal Issues

  1. 1 Did the will make reasonable financial provision for the claimant under the Inheritance Act 1975?
  2. 2 What reasonable financial provision ought now to be made for the claimant?
  3. 3 Should the claimant's CFA success fee be included in the award?

Ratio Decidendi

The will did not make reasonable financial provision for the claimant, given her severe mental illness and inability to support herself and her children. However, due to estrangement, limited prior financial support, and the need to prioritize the mother's care costs, the award should be limited to meeting the claimant's immediate needs for therapy, income shortfall, loss of universal credit, replacement goods, rental deposit, and a reasonable CFA mark-up, but not for purchase of a new property or lifetime income fund.

Court Disposition

Claim allowed in part; reasonable financial provision ordered for claimant's immediate needs.

Orders

  • Award of £138,918 to claimant for therapy, income shortfall, loss of universal credit, replacement goods, rental deposit, and CFA mark-up.
  • Exercise of power under s.9 of the Act to facilitate provision from jointly held property.