Jurisdiction(s):
United Kingdom

Re Estate of Ramus: widow’s 1975 Act claim dismissed; discretionary trust adequate; Duxbury a guide; personality clash insufficient for trustee removal (England and Wales)

Published on: 21 September 2022

Published by a LexisNexis Private Client expert

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Article summary

Re estate of Ramus (deceased); Ramus v Holt (as executor and beneficiary of the estate of Christopher Stewart Ramus) and others [2022] EWHC 2309 (Ch)

What are the practical implications of this case?

As with many I(PFD)A 1975 claims, the facts are regrettable; yet a careful, lengthy judgment distils the core lessons and sharply reinforces the fundamentals. Issuing proceedings in haste is ill-advised; without cogent evidence, a claim cannot succeed. Contentious probate practitioners are reminded that every I(PFD)A 1975 application is fact-specific and must be assessed against its own circumstances (Cowan v Foreman [2019] EWCA Civ 1336). Spousal claims also engage the special factors in s 3(2) of the I(PFD)A 1975. The Duxbury calculation should not be applied by rote; it is a helpful guide. The appropriate method is to start with Duxbury, attribute proper weight to the figure produced, but recognise it does not, by itself, yield a definitive answer to the lump sum required to meet the applicant’s needs. Where there are separately represented and interested trustees,...

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