Wayne Anthony Larsen & Anor v Heather Diane Annan

Wayne Anthony Larsen & Anor v Heather Diane Annan

Wayne's financial needs are met by his income, assets, and household circumstances, and the will's provision of £10,000 is reasonable. Russell's current needs are met, but due to his chronic disabilities and likely future care costs, the will fails to make reasonable financial provision for him. A discretionary...

Source-derived case information.

Parties
Claimant: Wayne Anthony Larsen; Claimant: Russell Lesley Annan; Defendant: Heather Diane Annan
Jurisdiction
England and Wales
Judgment Date
28 March 2023
Procedural Posture
Probate/inheritance Application / Judgment After Trial
Outcome
Wayne's claim dismissed; Russell's claim allowed in part
Legal Topics
Reasonable Financial Provision, Inheritance (provision for Family and Dependants) Act 1975, Adult Children Claims, Disability and Inheritance, Discretionary Trusts
Succession Law Trusts and Estates Reasonable Financial Provision Inheritance (provision for Family and Dependants) Act 1975 Adult Children Claims Disability and Inheritance Discretionary Trusts

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Summary, issues, holding and outcome

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Parties

Wayne Anthony Larsen

Claimant

Russell Lesley Annan

Claimant

Heather Diane Annan

Defendant

Procedural Posture

Probate/inheritance Application / Judgment After Trial

Legal Issues

  1. 1 Whether the will of George Alfred Annan made reasonable financial provision for his adult children, Wayne and Russell, under the Inheritance (Provision for Family and Dependants) Act 1975
  2. 2 Whether additional provision should be made for either claimant, considering their financial needs, resources, and disabilities

Ratio Decidendi

Wayne's financial needs are met by his income, assets, and household circumstances, and the will's provision of £10,000 is reasonable. Russell's current needs are met, but due to his chronic disabilities and likely future care costs, the will fails to make reasonable financial provision for him. A discretionary trust of £25,000 is appropriate to supplement his care needs without unduly prejudicing Heather's inheritance.

Court Disposition

Wayne's claim dismissed; Russell's claim allowed in part

Orders

  • Wayne to receive only the £10,000 provided in the will; no further provision ordered.
  • Russell to receive an additional £25,000 held on discretionary trust for his care needs, with any remainder reverting to Heather upon his death.