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"maintainance"

Re Dennis, Dennis v
Lloyd's Bank Ltd
[1981]
[as per Browne-Wilkinson J
"maintenance connotes only
payments which ...enable
the applicant in the future
to discharge cost of daily
living at whatever standard
is appropriate to him..
meet reucrring expense being
expenses of living
of an income nature"]

Who can apply


Wife or husband of deceased (incl. party to Introduction
void marriages in some situations ) T competent to
person cohabiting with deceased make wills providing for Can be lump sum
(single man or single woman [no allocation of his/her property
definition of "single" - could exclude Inheritance (Provision for Family on death as T see's fit Should take into account not only
widower, divorcee) T has power to financial position but considerations
as husband or wife "common
and Dependants) Act of social status
distribute estate subject to
law spouse" for not less Prescribed family members can apply Power of court to make discretionary Re Duranceau
than 5 years immediately to Supreme Court for financial support on award for financial provision on [1952]
the basis that disposition does not application of specified persons
preceding date of deceased
death make reasonable financial provision for Test of whether reasonable
maintenance of applicant is objective one - court not
Former wife or husband (if wholly,
whether by Will, Intestacy or Combination concerned with whether T acted
partially maintained by deceased or "Reasonable financial provison"
Discretionary jurisdiction of unreasonably towards applicant
entitled to full/partial maintenance
court and so no guarantee of Court assess whether distribution of estate Courts will not lightly disturb T's
under existing court order
favourable disposition effected reasonable financial provision for dispositions by will but act with
or agreement between parties
applicant caution
immediately before death) Time for applications -
[former spouse - person whose 6 months after representation Even where division of estate not
Restriction on reasonable vis-a-vis applicant, Williams v Mavaou
marriaged was dissolved by to estate (Probate/LA etc) first granted (2000)
decree of divorce or nullity and who Leave of Court may be granted
Testamentary Court must go further to determine [as per Harrison J [in
in exceptional circumstances Freedom whether it will exercise powers under Jamaica]]
has not remarried] to apply out of time statute and if so, in what manner
Child (under 18, includes legally
adopted, cnild en ventre sa mere (not section 5
yet born), child of deceased's husband Inheritance (Provision for Family
and Dependants) Act
or wife accepted as one of
family by deceased); Factors taken into account
(over 18, under 23 years pursuing
Example - factors applied
academic/trade/professional studies Size/nature of net estate
or special circumstances exists (e.g. physical Financial resources and
or menatl disability) to justify exception to needs of applicant
18 year old age limit) Types of Orders Re Clarke, Clarke v Roberts
Procedure and other applicants
[includes out of wedlock] Basic Orders [where applicant A moved
and beneficiary of estate
FDCF application Periodical payment orders - out of T's house due to
Parent (if wholly/partially for periodical payments Obligations/Responsibilities
maintained or legally entitled to Applicant is claimant out of net estate challenge with T's mother
of deceased towards
be maintained by deceased and Executor/Administrator Lump sum payment orders , T left 1000 pounds for A,
applicant or beneficiary
immediately preceeding death -hence is defendant and all to his mother (who
Other Orders (legal and moral)
not automatic) - also applies died soon after)
Applicantion supported by Transfer of property to Reason of Ddeceased for
to person who stood in loco applicant e.g. setting up of - court considered
Affidavit setting out making provision or no
parentis to deceased immediately before trust fund and settlement obligations of deceased
matters of property provision
death Needs to establish that
to both A and mother,
Interim orders -
distribution of estate not useful to meet
Conduct of applicant reasons for making no
reasonable provision desperate situations towards deceased further provisions for A -
section 4 for applicant objectively where unclear what
Physical or mental disability found that T broke bargain
Inheritance (Provision for Family specific final order
court will make of applicant/beneficiary and so disposition of
and Dependants) Act
in circumstances Relationship of applicant estate not reasonable -
to deceased and nature held wife should take
of any provison deceased entire estate but as marriage
section 6
made for applicant during lasted only over 3 years
Inheritance
lifetime and A had reasonable
(Provision for Family
income - A to receive
and Dependants) Act Any other matter court half income of net
consideres relevant estate for rest of life
in circumstances or until remarriage]
Consideration of manner
in which child was
or to be educated or trained -
if child accepted as
part of family -
consideration of whether
deceased assumed responsibility Franklyn v Biddy
for maintenance and liability (1960)
of any other person to maintain [wife left husband, removed
child furniture, husband
later formed liaison with
mistress to whom entire estate
section 7
given - wife $25 -oral statements
Inheritance
admissible to understand reasons,
(Provision for Family
denied claim of widow]
and Dependants) Act

Millwood v Shenton****
[1972]
[re disability]

Re Coventry [1980]***
[re dire financial
circumstances
of applicant and how
they apply]