Weisz v Weisz & Ors

Weisz v Weisz & Ors

The court has discretion to order interim provision under section 5 of the 1975 Act only for immediate needs, which must be strictly construed. The applicant demonstrated immediate need for monthly maintenance at a reduced rate and for interim legal costs, but not for repayment of the loan due to lack of evidence of urgency. The quantum of interim provision must be evidence-based and proportionate to immediate needs, not aspirational or averaged over several years.

Parties
Claimant: Sarah Weisz; Defendant/executor: Jonathan Barna Weisz; Defendant/executor: Hilary Jane Lesser; Defendant: Danielle Louise Ognall; Defendant: Edward Weisz
Jurisdiction
England and Wales
Judgment Date
02 October 2019
Procedural Posture
Inheritance Act Interim Provision Application / Interim Application for Financial Provision Pending Final Hearing
Outcome
Application granted in part
Legal Topics
Interim Financial Provision, Inheritance (provision for Family and Dependants) Act 1975, Immediate Need, Costs in Estate Litigation
Family Law Succession Law Interim Financial Provision Inheritance (provision for Family and Dependants) Act 1975 Immediate Need Costs in Estate Litigation

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Parties

Sarah Weisz

Claimant

Jonathan Barna Weisz

Defendant/executor

Hilary Jane Lesser

Defendant/executor

Danielle Louise Ognall

Defendant

Edward Weisz

Defendant

Procedural Posture

Inheritance Act Interim Provision Application / Interim Application for Financial Provision Pending Final Hearing

Legal Issues

  1. 1 Whether the applicant is in immediate need of financial assistance under section 5 of the Inheritance (Provision for Family and Dependants) Act 1975
  2. 2 What constitutes 'immediate need' for interim provision
  3. 3 Appropriate quantum and duration of interim payments

Ratio Decidendi

The court has discretion to order interim provision under section 5 of the 1975 Act only for immediate needs, which must be strictly construed. The applicant demonstrated immediate need for monthly maintenance at a reduced rate and for interim legal costs, but not for repayment of the loan due to lack of evidence of urgency. The quantum of interim provision must be evidence-based and proportionate to immediate needs, not aspirational or averaged over several years.

Court Disposition

Application granted in part

Orders

  • Estate to pay the applicant £5,200 per month, backdated to 5 July 2019, until two months after the FDR or earlier settlement, with credit for sums already paid.
  • Estate to pay £55,578 to the applicant's solicitors for legal costs up to and including the FDR, to be held on account and returned if not utilised.