Inheritance (Provision For Family And Dependants) Act 1975 Claim

Joan Thompson claimed reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 from the estate of her partner, Wynford Hodge. He gave his £1.5m estate to Karla Evans and Agon Berisha, who were tenants of one of his properties. The will made no provision for Joan, who was financially dependent on Wynford and who had lived with him for 42 years.

The parties' positions

Karla and Agon accepted that reasonable provision was not made for Joan. However, they argued that the Court must be satisfied that Joan's GP's evidence was correct and up to date given that it would form part of the Court's decision making process; and that Joan's son and daughter-in-law would actually provide the care suggested. The Judge determined that both these preconditions were met. The key question was therefore what financial award should be made to Joan.

Joan submitted that she should be awarded:

(1) Elidyr Cottage; and

(2) a monetary award to cover the costs of making the cottage suitable for her, the annual costs of maintaining the cottage, general outgoings and the costs of a suitable care package.

Karla and Agon submitted that if the proper award was to allow Joan to reside in one of the properties with an appropriate care package, then that should be on the basis of a life interest rather than an outright transfer.

Considerations

The Court considered the following:

Joan's financial resources and needs now and in the future. Joan had savings of £2,500. Her only income was a state benefit and a disability living allowance, totalling £1,114 per month. The resources and needs of any other applicant for an award under the 1975 Act. No evidence in support of any such claim was filed. The resources and needs of Karla and Agon. They occupied the house and the surrounding 23 acres of land at Penffordd with their children on the basis of a tenancy and a licence. Karla worked part time in a market garden business, together with doing some cleaning work. Agon worked on a caravan site and grew flowers and vegetables. They had little savings. They were paying £400 per month rent for the house with the assistance of housing benefit. The obligations and responsibilities which Wynford had towards Joan or Karla and Agon. Wynford made about 11 wills and recognised his financial obligations to Joan by making provision for her previously. He acknowledged that one of his responsibilities was as her main carer. The predominant motive for...