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IN THE MATTER OF THE ESTATE OF DAVID JOHN EVANS, DECEASED : sub nom CHRISTINA CATTLE (1) PAUL JOHN EVANS (2) GARETH EVANS

Since the disposition of the estate of an individual who had died intestate did not make reasonable financial provision for his partner, she was entitled to a sum from his estate under the Inheritance (Provision for Family and Dependants) Act 1975 to allow her to purchase a house. That property would be held on trust for the deceased's sons subject to an interest in his partner's favour entitling her to live there for as long as she wished.

16 May 2011

The claimant (C) applied for reasonable provision from the estate of her late partner (X) who died intestate, and claimed a beneficial interest in a property registered in E's name under a constructive trust. C and X had been in a relationship for many years but although they had become engaged, they had never married. They had jointly purchased and renovated a house in Spain, where they lived together for five years before X later wished to return. They found a property in Wales and the Spanish property was sold and the proceeds of sale divided equally between X and C. X was then diagnosed with terminal cancer. The purchase of the Welsh property was completed but, contrary to their earlier plans, C made no financial contribution, other than towards minor expenses, and it was conveyed into X's sole name. The couple had believed that they would thereby gain a tax advantage since C owned another house in England. X's health then deteriorated rapidly and a proposed draft will was not m...

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