Smith v Smith & Ors [2011] EWHC 2133 (Ch) (08 July 2011)

Smith v Smith & Ors [2011] EWHC 2133 (Ch) (08 July 2011)

Mrs Smith failed to establish immediate financial need due to lack of full and convincing disclosure of her assets and income; her evidence was evasive and unreliable. She also failed to demonstrate a clear and immediate need to reside in the house pending trial.

Citation
[2011] EWHC 2133 (Ch)
Parties
Claimant: Mrs Olga Smith; Defendant: Smith and Others
Jurisdiction
England and Wales
Judgment Date
08 July 2011
Procedural Posture
Probate and Inheritance Act Application / Interim Application for Financial Relief and Right of Residence Pending Trial
Outcome
Application dismissed
Legal Topics
Testamentary Capacity, Interim Relief, Right of Residence, Immediate Financial Need, Inheritance Act 1975
Probate Family Law Inheritance Testamentary Capacity Interim Relief Right of Residence Immediate Financial Need Inheritance Act 1975

Case Brief

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Parties

Mrs Olga Smith

Claimant

Smith and Others

Defendant

Procedural Posture

Probate and Inheritance Act Application / Interim Application for Financial Relief and Right of Residence Pending Trial

Legal Issues

  1. 1 Whether Mrs Smith is entitled to interim financial relief under section 5 of the Inheritance Act 1975
  2. 2 Whether Mrs Smith should be allowed to reside in the deceased's house pending trial
  3. 3 Whether the deceased lacked testamentary capacity when making the 2005 will

Ratio Decidendi

Mrs Smith failed to establish immediate financial need due to lack of full and convincing disclosure of her assets and income; her evidence was evasive and unreliable. She also failed to demonstrate a clear and immediate need to reside in the house pending trial.

Court Disposition

Application dismissed

Orders

  • Application for interim financial relief under section 5 of the Inheritance Act 1975 dismissed
  • Application for right to reside in the house pending trial dismissed