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.

Consideratio...