Goenka v Goenka & Ors

Goenka v Goenka & Ors

A nomination under the NHS Pension Scheme Regulations 1995, made pursuant to powers under the Superannuation Act 1972, is a nomination 'in accordance with the provisions of any enactment' for the purposes of section 8(1) of the 1975 Act. The death in service benefit of £201,000 is therefore part of the deceased's net estate for the purposes of the Act. The will failed to make reasonable financial provision for the claimant only to the extent of £67,670, representing the value of the deceased’s bank and building society accounts and premium bonds, which should be paid to her absolutely from the death in service benefit. No further award is justified given the claimant’s provision under the...

Parties
Claimant: Victoria Frances Goenka; 1st Defendant (executor and Statutory Nominee): Gopal Goenka; 2nd Defendant (executor): Victor Bernard Welsh; 3rd Defendant (child, by Litigation Friend, the Official Solicitor): Odel Goenka; 4th Defendant (child, by Litigation Friend, the Official Solicitor): Kiran Goenka; 5th Defendant (child, by Litigation Friend, the Official Solicitor): Sachin Goenka
Jurisdiction
England and Wales
Judgment Date
06 August 2014
Procedural Posture
Inheritance (provision for Family and Dependants) Act 1975 Claim / Judgment After Trial
Outcome
Claim allowed in part
Legal Topics
Statutory Interpretation of 'enactment', Reasonable Financial Provision for Spouse, Treatment of Pension Death Benefits, Discretionary Trusts, Testamentary Freedom Vs. Family Provision
Succession Law Family Law Trusts and Estates Statutory Interpretation of 'enactment' Reasonable Financial Provision for Spouse Treatment of Pension Death Benefits Discretionary Trusts Testamentary Freedom Vs. Family Provision

Case Brief

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Parties

Victoria Frances Goenka

Claimant

Gopal Goenka

1st Defendant (executor and Statutory Nominee)

Victor Bernard Welsh

2nd Defendant (executor)

Odel Goenka

3rd Defendant (child, by Litigation Friend, the Official Solicitor)

Kiran Goenka

4th Defendant (child, by Litigation Friend, the Official Solicitor)

Sachin Goenka

5th Defendant (child, by Litigation Friend, the Official Solicitor)

Procedural Posture

Inheritance (provision for Family and Dependants) Act 1975 Claim / Judgment After Trial

Legal Issues

  1. 1 Whether a nomination under NHS Pension Scheme Regulations 1995 is a nomination 'in accordance with the provisions of any enactment' for purposes of section 8(1) of the 1975 Act
  2. 2 Whether the will made reasonable financial provision for the claimant as spouse under section 1(1)(a) and section 3 of the 1975 Act
  3. 3 How the death in service benefit should be treated in the estate and in any award

Ratio Decidendi

A nomination under the NHS Pension Scheme Regulations 1995, made pursuant to powers under the Superannuation Act 1972, is a nomination 'in accordance with the provisions of any enactment' for the purposes of section 8(1) of the 1975 Act. The death in service benefit of £201,000 is therefore part of the deceased's net estate for the purposes of the Act. The will failed to make reasonable financial provision for the claimant only to the extent of £67,670, representing the value of the deceased’s bank and building society accounts and premium bonds, which should be paid to her absolutely from the death in service benefit. No further award is justified given the claimant’s provision under the...

Court Disposition

Claim allowed in part

Orders

  • The will fails to make reasonable financial provision for the claimant only to the extent of £67,670, which is to be paid to her absolutely from the NHS death in service benefit.
  • No further award to the claimant.