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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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A legal services order may be worded so as to provide that it will be for a specified period of time or for the purposes of a specified part of the proceedings.
The case of Hawes v Burgess and another [2013] EWCA Civ 74 is recent Court of Appeal decision reminding Probate practitioners of what steps must be taken to ensure that Wills they draft are upheld.
A well-meaning friend, relative or even a carer of a deceased person may take what they believe are helpful steps to tidy up a deceased’s affairs in the days following their death to pave the way for those who will carry out the administration of the estate.
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