The Court of Appeal recently refused a widow permission to appeal against a first instance decision made by the Family Division of the High Court. The widow was seeking to appeal the earlier decision regarding the provision she would receive from her late husband's estate.
The late Mr Allport had left his entire estate to his wife in a will executed shortly before his death in 2006. The will, however, was not properly attested and, as such, his estate was distributable under the terms of an earlier will. In the earlier will his interest in his company (valued at trial at £8.3 million) passed to his son from a previous marriage.
As a result, Mrs Allport applied to the court for "reasonable financial provision" under the Inheritance (Provision for Family and Dependants) Act 1975, by virtue of her capacity as spouse of the deceased.
At the culmination of a six day hearing, Mrs Allport stood to receive the matrimonial home (valued at around £2.5 million) £1 million cash, nearly £3 million from pension funds and insurance policies along with chattels and other items that she had previously received. The son, however, retained the company with various debts and the tax payable from its cash reserves.
Mrs Allport contended that the award was 'wholly inadequate' to meet her needs and sought permission to appeal on the basis that the award was not enough for her to maintain the lifestyle she had become accustomed to. She argued that the award should provide her with financial security for life and, therefore, believed the award should be increased. She also sought to present new evidence regarding the value of the business.
The permission to appeal and to present new evidence was refused by the Court of Appeal in March 2012.
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