Baker v Baker & Ors

Baker v Baker & Ors

The deceased's will failed to make reasonable financial provision for his wife. Considering the estate's assets, Mrs Baker's needs, her contribution, and the Respondents' circumstances, the court awarded Mrs Baker Dale House absolutely and a lump sum of £410,000, finding this to be reasonable provision in all the circumstances and more than half the estate's value.

Parties
Applicant: Susan Baker; First Respondent: Raymond Robert John Baker; Second Respondent: Anthony David Towell; Third Respondent: Geoffrey Charles Baker; Fourth Respondent: Jodhie Baker; Fifth Respondent: Kevin John Baker; Sixth Respondent: Greg Baker
Jurisdiction
England and Wales
Judgment Date
20 March 2008
Procedural Posture
Succession / Probate / Judgment
Outcome
Application granted in part; reasonable provision ordered for applicant spouse.
Legal Topics
Inheritance, Provision for Dependants, Estate Valuation, Spousal Rights
Succession Family Law Inheritance Provision for Dependants Estate Valuation Spousal Rights

Case Brief

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Parties

Susan Baker

Applicant

Raymond Robert John Baker

First Respondent

Anthony David Towell

Second Respondent

Geoffrey Charles Baker

Third Respondent

Jodhie Baker

Fourth Respondent

Kevin John Baker

Fifth Respondent

Greg Baker

Sixth Respondent

Procedural Posture

Succession / Probate / Judgment

Legal Issues

  1. 1 Whether the deceased's will made reasonable financial provision for the applicant spouse under the Inheritance (Provision for Family and Dependants) Act 1975
  2. 2 What is the appropriate quantum and form of provision for the applicant spouse given the estate's assets and circumstances

Ratio Decidendi

The deceased's will failed to make reasonable financial provision for his wife. Considering the estate's assets, Mrs Baker's needs, her contribution, and the Respondents' circumstances, the court awarded Mrs Baker Dale House absolutely and a lump sum of £410,000, finding this to be reasonable provision in all the circumstances and more than half the estate's value.

Court Disposition

Application granted in part; reasonable provision ordered for applicant spouse.

Orders

  • Mrs Baker awarded Dale House absolutely.
  • Mrs Baker awarded a lump sum of £410,000, £25,000 to be paid immediately, balance to be raised within 3 months.