Heirs in UK Law

Leading Cases
  • Espinosa v Bourke
    • Court of Appeal
    • 17 Dec 1998

    An adult child is, consequently, in no different position from any other applicant who has to prove his case. If the applicant is of working age, with a job or capable of obtaining a job which would be available, the factors in favour of his claim for financial provision may not be of much weight in the scales. As Oliver J pointed out in re Coventry, necessitous circumstances cannot be in themselves the reason to alter the testator`s dispositions.

  • Harlow v National Westminster Bank Plc and Others
    • Court of Appeal
    • 13 Dec 1994

    Subject to the court's powers under the Act and to fiscal demands, an Englishman still remains at liberty at his death to dispose of his own property in whatever way he pleases… In order to enable the court to interfere with and reform those dispositions it must, in my judgment, be shown not that the deceased acted unreasonably, but that looked at objectively, his … lack of disposition produces an unreasonable result in that it does not make any … provision for the applicant —and that means, in the case of an applicant other than a spouse for that applicant's maintenance."

  • Re Hancock (Deceased)
    • Court of Appeal
    • 01 May 1998

    In the great majority of contested applications the court is involved in a balancing exercise among the many factors to which s.3 of the 1975 Act requires the court to have regard. Some factors may be neutral but many will go in the scales either in favour of or against the proposition that there has been a failure to make reasonable financial provision for the applicant. The word "special" means no more than what is needed to overcome the factors in the opposite scale.

  • Re Coventry, decd.; Coventry v Coventry
    • Court of Appeal
    • 18 Jul 1979

    What is proper maintenance must in all cases depend upon all the facts and circumstances of the particular case being considered at the time, but I think it is clear on the one hand that one must not put too limited a meaning on it; it does not mean just enough to enable a person to get by. On the other hand, it does not mean anything which may be regarded as reasonably desirable for his general benefit or welfare.

  • Re Besterman (Deceased)
    • Court of Appeal
    • 18 Oct 1982

    In an application under section 25 of the 1973 Act the court is directed, so far as it is practicable and is just to do so, to put the parties in the same financial position as they would have been if the marriage had not broken down. It is, however, obviously a very important consideration and one which the statute goes out of its way to bring to the court's attention.

  • Daniels v Jones
    • Court of Appeal
    • 19 Jun 1961

    Even so I do not think that in a case of this character an appellant can succeed in this court merely by showing (assuming that he can show) that this or that figure is erroneous, or this or that calculation is inaccurate. In what is essentially a jury question the over-all picture is what matters. It is the wood that has to be looked at, and not the individual trees.

  • Ilot v Mitson
    • Court of Appeal
    • 31 Mar 2011

    A dispassionate study of each of the matters set out in section 3(1) will not provide the answer to the question whether the will makes reasonable financial provision for the applicant, no matter how thorough and careful it is. As Judge LJ said in Re Hancock at 355C, section 3 provides no guidance about the relative importance to be attached to each of the relevant criteria.

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Books & Journal Articles
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Law Firm Commentaries
  • The Duke and Duke Duke It Out In Trademark Rowe
    • LexBlog United Kingdom
    • Weintraub Tobin
    • July 18, 2014
    Clearly there is no love lost between John Wayne Enterprises, LLC (“JWE”), the entity owned by John Wayne’s heirs which controls the intellectual property related to John Wayne, and Duke University...
    ...Clearly there is no love lost between John Wayne Enterprises, LLC (“JWE”), the entity owned by John Wayne’s heirs which controls the intellectual property related to John Wayne, and Duke University.   Both have have been locked in battle over various trademarks ......
  • Transfer Of A Property In Switzerland On The Death Of The Owner Abroad
    • Mondaq UK
    • October 01, 2020
    ......discusses the concrete steps to be taken abroad and in Switzerland. in order to enable the heirs to whom the property in Switzerland is. vested to have it transferred in their favour, respectively to sell. it. We will focus in particular on cases ......
  • The Resale Right - Whose Right is it Anyway?
    • Mondaq United Kingdom
    • September 27, 2010
    ...In April this year, the Court of Justice of the European Union ruled that EU countries with forced heirship rules (which govern the apportionment of a fixed share of the deceased's estate to next of kin) can impose a limitation that only heirs can benefit ......
  • Rectification Of A Will - Decision Under Succession (Scotland) Act 2016
    • Mondaq UK
    • February 11, 2019
    ......However, where there is a statable argument against rectification, it may be necessary to call as a defender any heirs on intestacy or fallback beneficiaries who may stand to gain if the Will is not rectified, in order to allow them the opportunity to advance that ......
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