Banfield v Campbell

Banfield v Campbell

Mr Banfield qualifies as a cohabitant under section 1(1)(ba) of the Act, and the deceased's will did not make reasonable financial provision for his maintenance. Provision for housing is justified but should be by way of a life interest in one half of the net proceeds of sale of the main estate property, not an outright capital sum, to avoid conferring excessive capital and to balance the interests of the deceased's child beneficiary.

Parties
Claimant: Mr Andrew Banfield; Defendant: Mr John James McNeil Campbell
Jurisdiction
England and Wales
Judgment Date
24 July 2018
Procedural Posture
Claim for Reasonable Financial Provision From Estate / Judgment
Outcome
Claim allowed in part
Legal Topics
Inheritance (provision for Family and Dependants) Act 1975, Cohabitation, Maintenance, Life Interest, Testamentary Wishes
Succession Law Family Law Trusts and Estates Inheritance (provision for Family and Dependants) Act 1975 Cohabitation Maintenance Life Interest Testamentary Wishes

Case Brief

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Parties

Mr Andrew Banfield

Claimant

Mr John James McNeil Campbell

Defendant

Procedural Posture

Claim for Reasonable Financial Provision From Estate / Judgment

Legal Issues

  1. 1 Whether the deceased's will made reasonable financial provision for Mr Banfield's maintenance
  2. 2 Whether Mr Banfield qualifies as a cohabitant under section 1(1)(ba) of the Act
  3. 3 Appropriate form and quantum of provision for Mr Banfield

Ratio Decidendi

Mr Banfield qualifies as a cohabitant under section 1(1)(ba) of the Act, and the deceased's will did not make reasonable financial provision for his maintenance. Provision for housing is justified but should be by way of a life interest in one half of the net proceeds of sale of the main estate property, not an outright capital sum, to avoid conferring excessive capital and to balance the interests of the deceased's child beneficiary.

Court Disposition

Claim allowed in part

Orders

  • 3 Westville Road to be sold under court direction
  • Mr Banfield granted a life interest in one half of the net proceeds of sale for provision of alternative accommodation