Lindop v Agus & Ors [2009] EWHC 1795 (Ch) (02 July 2009)

Lindop v Agus & Ors [2009] EWHC 1795 (Ch) (02 July 2009)

Louise Lindop was living with Paul Hedley in the same household as his wife for at least two years before his death, and was being maintained by him immediately before his death, thus meeting the eligibility criteria under both section 1(1A) and section 1(1)(e) of the Inheritance (Provision for Family and Dependants) Act 1975.

Citation
[2009] EWHC 1795 (Ch)
Parties
Claimant: Louise Lindop; Defendant: Emma Jane Agus; Defendant: Simon Brodie Bass; Defendant: Jay Robert Hedley
Jurisdiction
England and Wales
Judgment Date
02 July 2009
Procedural Posture
Inheritance (provision for Family and Dependants) Act 1975 Claim / Eligibility Determination Hearing
Outcome
Claimant found eligible to apply under the Act
Legal Topics
Inheritance Act Eligibility, Cohabitation as Spouse, Maintenance, Reasonable Financial Provision
Succession Law Family Law Inheritance Act Eligibility Cohabitation as Spouse Maintenance Reasonable Financial Provision

Case Brief

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Parties

Louise Lindop

Claimant

Emma Jane Agus

Defendant

Simon Brodie Bass

Defendant

Jay Robert Hedley

Defendant

Procedural Posture

Inheritance (provision for Family and Dependants) Act 1975 Claim / Eligibility Determination Hearing

Legal Issues

  1. 1 Whether Louise Lindop was living in the same household as the deceased as his wife for at least two years before death under section 1(1A) of the 1975 Act
  2. 2 Whether Louise Lindop was being maintained by the deceased immediately before his death under section 1(1)(e) of the 1975 Act

Ratio Decidendi

Louise Lindop was living with Paul Hedley in the same household as his wife for at least two years before his death, and was being maintained by him immediately before his death, thus meeting the eligibility criteria under both section 1(1A) and section 1(1)(e) of the Inheritance (Provision for Family and Dependants) Act 1975.

Court Disposition

Claimant found eligible to apply under the Act

Orders

  • Louise Lindop is eligible to make a claim under section 1(1A) of the Inheritance (Provision for Family and Dependants) Act 1975.
  • Louise Lindop is eligible to make a claim under section 1(1)(e) of the Act.