Lewis v Warner

Subject Matter

FAMILY PROVISION — Dependant — Maintained by deceased — Couple living together as husband and wife for 20 years in her house — Woman leaving estate to her daughter — Daughter claiming possession of house — Man having means to buy house — Whether ineligible for “financial provision” for his “maintenance” — Whether arrangement for full consideration representing financial provision for a person’s maintenance — Whether disposition of estate failing to make reasonable provision for man — Inheritance (Provision for Family and Dependants) Act 1975 (as inserted by Law Reform (Succession) Act 1995, s 2(4) and amended by Civil Partnership Act 2004, s 71, Sch 4(2), para 18), ss 1(2)(b), 3(2A)

[2016] EWHC 1787 (Ch); [2017] Ch 13; [2016] 3 WLR 1545; [2017] 2 FLR 133; [2016] WLR (D) 400, Ch D

FAMILY PROVISION — Dependant — “Reasonable financial provision” — Man and woman living together as husband and wife for 19 years in her house — Woman dying and leaving estate to her daughter in her will — Daughter claiming possession of house — Man having means to buy house — Whether disposition of estate failing to make “reasonable financial provision” for man — Whether man ineligible for “financial provision” for his “maintenance” — Whether order for transfer of house for full consideration representing financial provision for person’s maintenance — Inheritance (Provision for Family and Dependants) Act 1975 (c 63) (as amended by Law Reform (Succession) Act 1995 (c 41), s 2, Civil Partnership Act 2004 (c 33), s 71, Sch 4, paras 15(2)(6), 18 and Inheritance and Trustees’ Powers Act 2014 (c 16), s 6, Sch 2, para 3), ss 1, 2, 3

[2017] EWCA Civ 2182; [2018] Ch 450; [2018] 2 WLR 1205; [2018] 2 FLR 93; [2017] WLR (D) 847, CA

Appellate History