Miles & Anor v Shearer

Miles & Anor v Shearer

Neither claimant demonstrated financial needs for maintenance which could not be met by lifestyle adjustment or support from their mother. The deceased had made clear in 2008 that no further financial assistance would be provided, and had no obligations or responsibilities towards the claimants at the time of his death. The will did not fail to make reasonable financial provision for their maintenance under the 1975 Act.

Parties
Claimant: Juliet Antonia Margaret Miles; Claimant: Lauretta Kate Isabella Shearer; Defendant: Pamela Lesley Shearer
Jurisdiction
England and Wales
Judgment Date
23 April 2021
Procedural Posture
Civil / Final Judgment
Outcome
Claims dismissed
Legal Topics
Inheritance (provision for Family and Dependants) Act 1975, Reasonable Financial Provision, Maintenance, Adult Children Claims, Testamentary Freedom
Succession Family Law Inheritance (provision for Family and Dependants) Act 1975 Reasonable Financial Provision Maintenance Adult Children Claims Testamentary Freedom

Case Brief

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Parties

Juliet Antonia Margaret Miles

Claimant

Lauretta Kate Isabella Shearer

Claimant

Pamela Lesley Shearer

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the claimants are entitled to reasonable financial provision from the estate of their late father under the Inheritance (Provision for Family and Dependants) Act 1975
  2. 2 Whether the deceased had obligations or responsibilities towards the claimants at the time of his death
  3. 3 Whether the claimants' financial needs justify an order for maintenance from the estate

Ratio Decidendi

Neither claimant demonstrated financial needs for maintenance which could not be met by lifestyle adjustment or support from their mother. The deceased had made clear in 2008 that no further financial assistance would be provided, and had no obligations or responsibilities towards the claimants at the time of his death. The will did not fail to make reasonable financial provision for their maintenance under the 1975 Act.

Court Disposition

Claims dismissed