Chekov v Fryer & Anor

Chekov v Fryer & Anor

A former spouse excluded from applying under section 1(1)(b) by virtue of a section 15(1) order is not barred from applying as a cohabitant under section 1(1)(ba) of the Inheritance Act 1975, provided the factual requirements for cohabitation are met.

Parties
Claimant: Anna Kyrynna Chekov; Defendant: Stephen Anthony Fryer; Defendant: Martin Robert Fryer
Jurisdiction
England and Wales
Judgment Date
23 June 2015
Procedural Posture
Civil / Application to Strike Out Claim
Outcome
Application dismissed
Legal Topics
Inheritance (provision for Family and Dependants) Act 1975, Cohabitation, Divorce, Financial Provision, Statutory Interpretation
Succession Law Family Law Inheritance (provision for Family and Dependants) Act 1975 Cohabitation Divorce Financial Provision Statutory Interpretation

Case Brief

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Parties

Anna Kyrynna Chekov

Claimant

Stephen Anthony Fryer

Defendant

Martin Robert Fryer

Defendant

Procedural Posture

Civil / Application to Strike Out Claim

Legal Issues

  1. 1 Whether a former spouse excluded by a section 15(1) order can claim as a cohabitant under section 1(1)(ba) of the Inheritance Act 1975
  2. 2 Interpretation of section 15(3) and section 1(1)(ba) of the Act

Ratio Decidendi

A former spouse excluded from applying under section 1(1)(b) by virtue of a section 15(1) order is not barred from applying as a cohabitant under section 1(1)(ba) of the Inheritance Act 1975, provided the factual requirements for cohabitation are met.

Court Disposition

Application dismissed

Orders

  • Defendants’ application to strike out the claim is dismissed