Cowan v Foreman & Ors

Cowan v Foreman & Ors

The claimant failed to demonstrate good reasons for the substantial delay in making her claim and did not have an arguable case that the will failed to make reasonable financial provision for her; therefore, permission to apply out of time was refused.

Parties
Claimant: Mary Jane Cowan; Defendant: Martin John Foreman; Defendant: Farrer & Co Trust Company; Defendant: Timothy Cowan; Defendant: Marina Cowan; Defendant: Amanda Cowan; Defendant: Gerald Musial; Defendant: Robert Musial; Defendant: James Anthony Trafford and James Anthony John Beazley; Defendant: Bryony Louise Andree Cove
Jurisdiction
England and Wales
Judgment Date
25 February 2019
Procedural Posture
Application Under Section 4 of the Inheritance (provision for Family and Dependants) Act 1975 / Judgment on Application for Permission to Apply Out of Time
Outcome
application dismissed
Legal Topics
Extension of Time, Reasonable Financial Provision, Discretionary Trusts, Inheritance Tax, Summary Judgment
Probate Family Law Extension of Time Reasonable Financial Provision Discretionary Trusts Inheritance Tax Summary Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Mary Jane Cowan

Claimant

Martin John Foreman

Defendant

Farrer & Co Trust Company

Defendant

Timothy Cowan

Defendant

Marina Cowan

Defendant

Amanda Cowan

Defendant

Gerald Musial

Defendant

Robert Musial

Defendant

James Anthony Trafford and James Anthony John Beazley

Defendant

Bryony Louise Andree Cove

Defendant

Procedural Posture

Application Under Section 4 of the Inheritance (provision for Family and Dependants) Act 1975 / Judgment on Application for Permission to Apply Out of Time

Legal Issues

  1. 1 Whether the claimant should be granted permission to apply for substantive relief under section 2 of the 1975 Act out of time
  2. 2 Whether the will failed to make reasonable financial provision for the claimant

Ratio Decidendi

The claimant failed to demonstrate good reasons for the substantial delay in making her claim and did not have an arguable case that the will failed to make reasonable financial provision for her; therefore, permission to apply out of time was refused.

Court Disposition

application dismissed

Orders

  • Permission to apply under section 2 of the 1975 Act out of time is refused.
  • Application for permission to appeal is refused.