Thompson v Ragget & Ors (Rev 1)

Thompson v Ragget & Ors (Rev 1)

Given the long period of cohabitation, dependency, and contribution, and the lack of reasonable provision in the will, it is reasonable to provide Joan Thompson with outright ownership of Elidyr Cottage and a monetary award for adaptations and maintenance, ensuring her accommodation and care needs are met.

Parties
Claimant: Joan Thompson; Defendant: Mathew Charles Elverson Raggett; Defendant: Helen Louise Hodges; Defendant: Sean Dillon Dyer; Defendant: Karla Evans; Defendant: Agon Berisha
Jurisdiction
England and Wales
Judgment Date
29 March 2018
Procedural Posture
Claim for Reasonable Financial Provision Under the Inheritance (provision for Family and Dependants) Act 1975 / Judgment
Outcome
Claim allowed
Legal Topics
Reasonable Financial Provision, Cohabitee Rights, Dependant Maintenance, Estate Distribution
Succession Family Law Civil Litigation Reasonable Financial Provision Cohabitee Rights Dependant Maintenance Estate Distribution

Case Brief

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Parties

Joan Thompson

Claimant

Mathew Charles Elverson Raggett

Defendant

Helen Louise Hodges

Defendant

Sean Dillon Dyer

Defendant

Karla Evans

Defendant

Agon Berisha

Defendant

Procedural Posture

Claim for Reasonable Financial Provision Under the Inheritance (provision for Family and Dependants) Act 1975 / Judgment

Legal Issues

  1. 1 Whether the last will of Wynford Hodge made reasonable financial provision for Joan Thompson under the Inheritance (Provision for Family and Dependants) Act 1975
  2. 2 What constitutes reasonable financial provision for maintenance in the circumstances

Ratio Decidendi

Given the long period of cohabitation, dependency, and contribution, and the lack of reasonable provision in the will, it is reasonable to provide Joan Thompson with outright ownership of Elidyr Cottage and a monetary award for adaptations and maintenance, ensuring her accommodation and care needs are met.

Court Disposition

Claim allowed

Orders

  • Elidyr Cottage to be transferred outright to Joan Thompson
  • Monetary award of £160,000 for adaptations, moving costs, and ongoing maintenance