A woman who claimed against her deceased partner’s estate after being left nothing has been granted a property has been told she should be entitled to a share.
The High Court ruled in favour of Joan Thompson, who claimed that she should receive a distribution of her late partner’s £1.5 million estate – the entirety of which had been left to his friends and tenants. The claim was made under the Inheritance (Provision for Family and Dependants) Act 1975.
As well as ruling that Thompson should be given reasonable provision for her maintenance, it was also said that she should be given one of her former partner’s properties. Worth £225,000, it had been bought with them later retiring to it in mind. For future care and maintenance, £160,000 was granted, along with a further £28,845 for property renovations.
It’s likely that the decision will spark debate where the future of estate disputes are concerned, a sentiment felt by Vlad Macdonald-Muntenanu. A solicitor in the contested wills, trusts and estates team at the firm representing Thompson, Hugh James, he said that the decision also paves the way for cohabitees who currently do not have a statutory right to their partner’s estate.
He went on to state: ‘One of the main issues for courts to consider is the provision of accommodation by way of a life interest, rather than a capital transfer, as well as reinforcing the principle of testamentary freedom. This case is particularly noteworthy as the judge recognised that it was not an absolute rule and decided to depart from it by providing an outright transfer of the cottage to Thompson rather than just a life interest.’
