The case of Taylor v. Redmond [2017] involved a claim being brought by Ms. Taylor under the Inheritance (Provision for Family and Dependants) Act 1975. Ms. Taylor moved in with James Redmond in 2007 and helped care for him until his death in October 2014. Mr Redmond did make a Will, twenty years earlier, leaving everything to his two daughters and obviously did not feel it necessary to update his Will in light of his relationship with Ms. Taylor.
Ms. Taylor’s lawyers argued that the Will left by the deceased did not take account of the fact that the deceased and Ms. Taylor were effectively living together as man and wife and the Will did not make reasonable provision for Ms. Taylor. Judge Hockman agreed and noted that the deceased ‘clearly had an obligation and responsibility towards Ms. Taylor as well as towards his daughters, and his Will, in making no provision for her, therefore clearly failed to make reasonable financial provision’.
Judge Hockman ordered Ms. Taylor receive £325,000.00 out of the deceased’s estate of approximately £1million though £180,000 of that sum must be invested in a property that would ultimately pass to the deceased’s daughters upon the death of Ms. Taylor.
Clearly each case turns on its own facts and this case involved a relatively large estate. However, it should be noted that the deceased and Ms. Taylor had only been co-habiting for ten years though she was ultimately awarded a settlement equivalent to roughly a one-third share of the deceased’s estate. The deceased could have made a Will that left a property, or other assets, that benefitted Ms. Taylor during her lifetime and ultimately reverted to the daughters on death, indeed, such provision formed part of the ultimate settlement.
Even in much more modest estates it is important to have a professionally drafted Will making some provision for a partner. Clearly where a partner receives nothing under a Will there is nothing to be lost by the partner in bringing a claim against the estate. If appropriate provision is made under a Will in favour of a partner then it could save all those left behind a great deal of heartache and money.
Our team of experienced lawyers can help people ensure appropriate provision is made for their partner and other family members.
For more information please contact Matt Kelly on 01283 214231 or email m.kelly@timms-law.com alternatively further details can be found on our Making a Will page or check out our latest blogs.
