References: [2002] NICh 1
Links: Bailii
Ratio: The deceased’s widow complained that her husband’s will had not made proper provision for her as was required by the order which ‘ In the case of a spouse reasonable financial provision means such financial provision as it would be reasonable in all the circumstances of the case for a husband or wife to receive, whether or not that provision is required for his or her maintenance’.
Held: ‘The comparison between divorce provision and inheritance provision is necessarily inexact as the former involves fairness for both husband and wife while the latter may admit of greater flexibility as it involves the same property being available to make reasonable provision for only one spouse.’
Statutes: Inheritance (Provision for Family and Dependents) (Northern Ireland) Order 1979
Jurisdiction: Northern Ireland
This case cites:
- Cited – Re Besterman, decd CA ([1984] Ch 458)
In the case of an application under the Act by a surviving spouse, maintenance is not the only, or even the dominant, consideration to be taken into account by the court. ‘In an application under section 25 of the Matrimonial Causes Act 1973 the . . - Cited – Cowan v Cowan CA (Times 17-May-01, Bailii, [2001] EWCA Civ 679, (2001) 2 FLR 192, [2002] Fam 97)
When considering the division of matrimonial assets following a divorce, the court’s duty was, within the context of the rules set down by the Act, to impose a fair settlement according to the circumstances. Courts should be careful not to make . . - Cited – Moody v Stevenson CA ([1992] Ch 486, [1992] 2 WLR 640, [1992] 2 All ER 524, Independent 17-Sep-91, Times 30-Jul-91)
The widower aged 81, appealed against refusal of provision under the 1975 Act from his wife’s estate. She had left him nothing. The judge at first instance had found, applying Styler, that her treatment was not unreasonable, and that therefore no . . - Cited – Elizabeth Adams v Julian James Lewis (Administrator of the Estate of Frank Adams dec) ChD (Unreported, 26 January 2001, (2001) WTLR 493)
The widow’s claim under the Act was contested by three daughters where the widow received a specific legacy and the will gave trustees a power to apply any part of the residue during the lifetime of the widow to provide and maintain a suitable . . - Cited – White v White HL (Times 31-Oct-00, House of Lords, Gazette 09-Nov-00, Bailii, [2000] 3 WLR 1571, [2000] UKHL 54, [2001] 1 All ER 1, (2000) 2 FLR 981, [2001] 1 AC 596, [2000] 3 FCR 555, [2001] Fam Law 12)
The couple going through the divorce each had substantial farms and wished to continue farming. It had been a long marriage.
Held: Where a division of the assets of a family would satisfy the reasonable needs of either party on an ancillary . . - Cited – Krubert, Re CA (Gazette 17-Jul-96, Times 16-Jul-96, [1997] Ch 96, Bailii, [1996] EWCA Civ 1346)
The beneficiaries under the will appealed against an order under the 1975 Act, effectively transferring the entire estate to the surviving spouse.
Held: The effect of sections 1, 2 and the other material provisions of the 1975 Act is that on . .
(This list may be incomplete)
Last Update: 06 April 2019
Ref: 189690
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