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Berger v Berger

Heather Viljoen reviews a recent case about wills and trusts

3 February 2014

The appeal against an order made by HHJ Hayward Smith QC on 5 February 2013 refusing a widow permission to make an application under s2 of the Inheritance (Provision for Family and Dependants) Act 1975 was the basis of Berger v Berger. This was required because more than six years had lapsed since probate was granted, and s4 of the Act requires court permission.

The deceased, whose estate had a net value of £7.5m, appointed his widow and the two sons from his first marriage to be the executors and trustees of his will. Under the terms, the widow was entitled to his share of a foreign property, to live in the matrimonial home (or to request that the property be sold and the proceeds used to purchase a replacement property) ...

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