Catherine McAleavey and Catherine Sanders discuss Inheritance (Provision for Family and Dependants) Act 1975, severance of joint tenancy by will, contract to make a will, capacity for severance of joint tenancy, Finance Act 2006 changes, trustee exemption clauses and Re Hastings-Bass

Inheritance (Provision for Family and Dependants) Act 1975

Witowska v Kaminski [2006] EWHC 1940 (Ch); [2006] All ER (D) 357

Janina Witowska and Konrad Kaminski cohabited since shortly after Ms Witowska's arrival in England on a six months' visa in 1997, until his death in 2002. Between those dates, Mr Kaminski made a number of payments, ranging from £250 to £3,000, to Witowska. Kaminski's son, who would have been entitled to the whole of his father's estate on intestacy, appealed against the decision of the County Court judge who had agreed that Witowska was a dependant and awarded her £50 per week, being an amount sufficient to maintain her in Poland.

Dismissing bot...

Jean-Yves Gilg
Solicitors Journal

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