Jurisdiction(s):
United Kingdom

Nahajec v Fowle: adult child maintenance under the Inheritance (Provision for Family and Dependants) Act 1975, estrangement and moral claims post-Ilott (England and Wales)

Published on: 23 August 2017

Published by a LexisNexis Private Client expert

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Article summary

Original news Nahajec v Fowle (acting as executor of the estate of Nahajec deceased and as beneficiary of the estate) [2017] Lexis Citation 270, [2017] All ER (D) 42 (Aug)

The claimant’s father’s will left the entirety of his estate to the defendant, providing no reasonable financial provision for the claimant. Having weighed every matter in section 3 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975), the County Court concluded that the reasonable sum, duly capitalised for maintenance, to be received, was £30,000.

What was the background to this case?

The deceased left his estate to his friend, Stephen Fowle, whom he also appointed as executor of the estate. A note accompanying the will highlighted the absence of contact with his three children and his view that they were ‘…sufficiently independent of means not to require any provision from me’. The claimant was the deceased’s 31-year-old daughter, the sole child of his second marriage. Her claim sought reasonable financial provision limited to maintenance only.

What were the key issues?

As in Ilott v The Blue Cross and as set out in Ilott v The Blue Cross and as outlined in Ilott v The Blue Cross and...

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