Lewis v Warner [2017] EWCA Civ 2182 (19 December 2017)

Lewis v Warner [2017] EWCA Civ 2182 (19 December 2017)

The Recorder was entitled to find that the deceased's will did not make reasonable financial provision for Mr Warner's maintenance, and was within jurisdiction to order transfer of the property to Mr Warner for full value as reasonable financial provision under the 1975 Act, given his age, infirmity, and circumstances.

Citation
[2017] EWCA Civ 2182
Parties
Claimant / Appellant in B00 Gl077; Defendant / Appellant in B00 GL0107: Lynn Lewis (as Executrix of the Estate of Audrey Blackwell, deceased); Defendant / Respondent in B00 Gl077; Claimant / Respondent in B00 GL0107: Thomas Stanley Warner
Jurisdiction
England and Wales
Judgment Date
19 December 2017
Procedural Posture
Appeal (court of Appeal, Civil Division) From High Court (chancery Division) / Second Appeal; Judgment on Appeal From High Court Upholding Recorder's Order
Outcome
Appeal dismissed; High Court and Recorder's orders upheld.
Legal Topics
Reasonable Financial Provision, Maintenance of Unmarried Partners, Testamentary Freedom, Orders Under Inheritance (provision for Family and Dependents) Act 1975
Inheritance Law Family Law Civil Procedure Reasonable Financial Provision Maintenance of Unmarried Partners Testamentary Freedom Orders Under Inheritance (provision for Family and Dependents) Act 1975

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Parties

Lynn Lewis (as Executrix of the Estate of Audrey Blackwell, deceased)

Claimant / Appellant in B00 Gl077; Defendant / Appellant in B00 GL0107

Thomas Stanley Warner

Defendant / Respondent in B00 Gl077; Claimant / Respondent in B00 GL0107

Procedural Posture

Appeal (court of Appeal, Civil Division) From High Court (chancery Division) / Second Appeal; Judgment on Appeal From High Court Upholding Recorder's Order

Legal Issues

  1. 1 Whether the deceased's will failed to make reasonable financial provision for Mr Warner's maintenance under the 1975 Act
  2. 2 Whether the court had jurisdiction to order transfer of estate property to a surviving partner for full value as reasonable financial provision

Ratio Decidendi

The Recorder was entitled to find that the deceased's will did not make reasonable financial provision for Mr Warner's maintenance, and was within jurisdiction to order transfer of the property to Mr Warner for full value as reasonable financial provision under the 1975 Act, given his age, infirmity, and circumstances.

Court Disposition

Appeal dismissed; High Court and Recorder's orders upheld.

Orders

  • Transfer of the property to Mr Warner for £385,000 from the estate of the deceased.
  • Mrs Lewis to pay Mr Warner's costs on the standard basis, subject to exemptions.