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England and Wales decisions
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McDaniel v Talbot & Anor (Re Estate of Mr Mark John Talbot) [2026] EWHC 928 (Ch) (17 April 2026)
The High Court allowed an adult daughter’s Inheritance Act claim in part, finding the will failed to make reasonable financial provision for her maintenance.
ABC v XYZ (Financial Remedies: Release from Undertakings and Variation of Periodical Payments Order) [2025] EWFC 370 (B) (08 November 2025)
The Family Court released the applicant from undertakings in a 2020 consent order and reduced maintenance to £2,900 per month, payable for joint lives.
There has been a significant change in circumstances since the 2020 consent order. The respondent is currently over-provided for relative to her needs, and the applicant can afford a reduced but still substantial maintenance payment. The applicant is released from all undertakings, and the periodical payments order is varied to £2,900 per month, indexed to the consumer prices index, on a joint lives basis.
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The respondent husband's persistent and deliberate failure to provide disclosure or evidence of changed financial circumstances entitles the court to presume his financial position remains as previously known, justifying the maintenance and costs orders sought by the applicant wife.
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Isaacs v Green [2025] EWHC 1951 (Fam) (25 July 2025)
Adult child Inheritance Act claim partly allowed. The court found the will failed to make reasonable provision for the claimant and awarded him 25% of the residuary estate.
Upper Tribunal partly allowed an appeal over service charges, reinstating insurance, electricity, and maintenance charges, but rejecting the tenant-agreement argument.
Due to husband's financial misconduct, non-disclosure, and prioritisation of wife's needs, the land is transferred to wife, contingent lump sum indemnities ordered, pension sharing order made, maintenance set at £1,500/month, and husband's needs deprioritised.
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The proceeds of sale of the FMH should be divided 51% to the applicant and 49% to the respondent after settlement of respective debts, reflecting the parties' responsibilities for the children, earning capacities, ages, and mortgage capacities. Interim maintenance of £750 per month is justified until sale to prevent hardship for the respondent, with a clean break thereafter.
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The respondent's cohabitation constitutes a relevant change in circumstances but, given the cohabitee's current contributions, the respondent's health, and the impact of inflation, there is no justification for an immediate reduction in maintenance. A reduction to £750 per month is appropriate from the sale of the property or 1 September 2026, reflecting anticipated reduced housing costs and ongoing needs. The respondent's earning capacity has not materially improved, and the cohabitee is not expected to contribute more. The applicant can afford the current maintenance.
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The post-nuptial agreement, while valid and freely entered into, is unfair in its effect as it leaves the respondent without adequate income and does not meet her reasonable needs, especially given her primary care of the child and lack of income. The court must assess needs and distribute assets accordingly, taking the agreement into account but not being bound by it.
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