Ubbi & Anori (Minors) v Ubbi

Ubbi & Anori (Minors) v Ubbi

The will made no provision for the infant children, and the court found that reasonable financial provision for their maintenance had not been made. Applying the agreed multiplier-multiplicand methodology, and after detailed analysis of the children's needs and the mother's income, the court awarded a lump sum of £386,290.60 as capitalised maintenance, rejecting claims for private school fees and limiting housing and childcare to reasonable maintenance needs.

Parties
Claimant: Mattia Corrado Ubbi; Claimant: Gabriele Corrado Ubbi; Litigation Friend for Claimants: Bianca Maria Corrado; Defendant (personal Representative and Beneficiary of the Estate of Malkiat Singh Ubbi Deceased): Susan Elizabeth Ubbi
Jurisdiction
England and Wales
Judgment Date
27 July 2018
Procedural Posture
Probate/family Provision / Judgment After Trial
Outcome
Claim allowed in part
Legal Topics
Reasonable Financial Provision for Children, Inheritance (provision for Family and Dependants) Act 1975, Capitalised Maintenance, Testamentary Freedom, Child Maintenance Quantum
Succession Law Family Law Trusts and Estates Reasonable Financial Provision for Children Inheritance (provision for Family and Dependants) Act 1975 Capitalised Maintenance Testamentary Freedom Child Maintenance Quantum

Case Brief

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Parties

Mattia Corrado Ubbi

Claimant

Gabriele Corrado Ubbi

Claimant

Bianca Maria Corrado

Litigation Friend for Claimants

Susan Elizabeth Ubbi

Defendant (personal Representative and Beneficiary of the Estate of Malkiat Singh Ubbi Deceased)

Procedural Posture

Probate/family Provision / Judgment After Trial

Legal Issues

  1. 1 Whether the will of Malkiat Singh Ubbi made reasonable financial provision for his infant children under the Inheritance (Provision for Family and Dependants) Act 1975
  2. 2 Quantum of lump sum maintenance for infant children from deceased's estate
  3. 3 Appropriate methodology for quantifying maintenance needs and parental contribution

Ratio Decidendi

The will made no provision for the infant children, and the court found that reasonable financial provision for their maintenance had not been made. Applying the agreed multiplier-multiplicand methodology, and after detailed analysis of the children's needs and the mother's income, the court awarded a lump sum of £386,290.60 as capitalised maintenance, rejecting claims for private school fees and limiting housing and childcare to reasonable maintenance needs.

Court Disposition

Claim allowed in part

Orders

  • The estate of Malkiat Singh Ubbi to pay a lump sum of £386,290.60 to Mattia Corrado Ubbi and Gabriele Corrado Ubbi as reasonable financial provision for their maintenance under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975.
  • No provision for private school fees; maintenance limited to state education costs.