Lindop v Agus & Ors

Lindop v Agus & Ors

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, thus she is eligible to make a claim under sections 1(1A) and 1(1)(e) of the Act.

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
Claim Under Inheritance (provision for Family and Dependants) Act 1975 / Eligibility Determination
Outcome
Louise Lindop is eligible to make a claim under section 1(1A) and section 1(1)(e) of the Inheritance (Provision for Family and Dependants) Act 1975.
Legal Topics
Inheritance Eligibility, Maintenance, Cohabitation, Statutory Interpretation
Family Law Succession Law Inheritance Eligibility Maintenance Cohabitation Statutory Interpretation

Case Brief

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Parties

Louise Lindop

Claimant

Emma Jane Agus

Defendant

Simon Brodie Bass

Defendant

Jay Robert Hedley

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether Louise Lindop was living with Paul Hedley in the same household as his wife for two years before his death
  2. 2 Whether Louise Lindop was being maintained by Paul Hedley immediately before his death

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, thus she is eligible to make a claim under sections 1(1A) and 1(1)(e) of the Act.

Court Disposition

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