Lim v Walia [2014] EWCA Civ 1076 (29 July 2014)

Lim v Walia [2014] EWCA Civ 1076 (29 July 2014)

The deceased had a severable interest in the terminal illness benefit under the policy, but since no claim was made before death and the death benefit was paid, the value of that severable interest immediately before death was nil and cannot be treated as part of the net estate for provision under the 1975 Act.

Citation
[2014] EWCA Civ 1076
Parties
Claimant/respondent: Philip Ronald Justiniani Lim; Defendant/appellant: Navpreet Singh Walia
Jurisdiction
England and Wales
Judgment Date
29 July 2014
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Joint Tenancy, Severable Share, Terminal Illness Benefit, Valuation of Estate, Inheritance (provision for Family and Dependents) Act 1975
Inheritance Law Insurance Law Joint Tenancy Severable Share Terminal Illness Benefit Valuation of Estate Inheritance (provision for Family and Dependents) Act 1975

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Parties

Philip Ronald Justiniani Lim

Claimant/respondent

Navpreet Singh Walia

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the deceased had a severable interest in the terminal illness benefit under a joint life insurance policy immediately before death
  2. 2 How to value the severable interest under section 9(1) of the Inheritance (Provision for Family and Dependents) Act 1975

Ratio Decidendi

The deceased had a severable interest in the terminal illness benefit under the policy, but since no claim was made before death and the death benefit was paid, the value of that severable interest immediately before death was nil and cannot be treated as part of the net estate for provision under the 1975 Act.

Court Disposition

Appeal allowed

Orders

  • The preliminary issue is answered in the negative; the value of the severable interest in the terminal illness benefit immediately before death is nil.
  • Any payment into court of one-half of the death benefit is set aside.