David Burrows discusses recent cases involving reasonable provision and disclosure
When Mr. Baker died on 17 November 2001 2001 (Baker v Baker [2008] EWHC 977 (Ch), Mr Paul Chaisty QC, deputy judge of the High Court) by his will he left to his widow, Susan, a life interest in their former matrimonial home (owned solely by him) worth around £340,000, his business worth around £750,000-£950,000 to his four sons and residue of around £55,000 to be divided equally between the sons and widow. The judge had no hesitation in concluding, that for the purposes of Inheritance (Provision for Family and Dependents) Act 1975 (I(PFD)A 1975) s 1(2)(a) the deceased's will had not made “reasonable financial provision” for the widow.
He started from the statutory premise (s 3(2) of I(PFD)A 1975) that upon death of a spouse the court should consider the provision which the surviving spouse might expect to have received if the marriage had ended in divorce not death.
I(PFD)A 1975, like Matrimonial Causes Act 1973 s 25, has a check-list (at s 3(1)) for the court to consider when exercising its discretion.
