Berger v Berger

Berger v Berger

The appeal was dismissed because, despite the appellant having an arguable case on the merits and the estate being largely undistributed, the very substantial and unexplained delay in bringing proceedings—without any extraneous trigger or concealment—meant it was not just and proper to grant permission to apply out of time under section 4 of the Act.

Parties
Appellant: Berger; Respondent: Berger
Jurisdiction
England and Wales
Judgment Date
29 October 2013
Procedural Posture
Civil Appeal (family/inheritance) / Appeal From Refusal of Permission to Apply Out of Time Under Inheritance (provision for Family and Dependants) Act 1975
Outcome
appeal dismissed
Legal Topics
Inheritance Claims, Out of Time Applications, Reasonable Financial Provision, Discretion of the Court, Delay in Proceedings
Family Law Succession Law Inheritance Claims Out of Time Applications Reasonable Financial Provision Discretion of the Court Delay in Proceedings

Case Brief

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Parties

Berger

Appellant

Berger

Respondent

Procedural Posture

Civil Appeal (family/inheritance) / Appeal From Refusal of Permission to Apply Out of Time Under Inheritance (provision for Family and Dependants) Act 1975

Legal Issues

  1. 1 Whether the appellant should be granted permission to apply for financial provision out of time under the Inheritance (Provision for Family and Dependants) Act 1975
  2. 2 Whether the will made reasonable financial provision for the appellant as the deceased's spouse
  3. 3 Whether the delay in bringing the claim should bar the application

Ratio Decidendi

The appeal was dismissed because, despite the appellant having an arguable case on the merits and the estate being largely undistributed, the very substantial and unexplained delay in bringing proceedings—without any extraneous trigger or concealment—meant it was not just and proper to grant permission to apply out of time under section 4 of the Act.

Court Disposition

appeal dismissed