Transferring property out of a deceased's estate to an unmarried partner (Lewis v Warner)

Private Client analysis: Roger Evans barrister at Harcourt Chambers says that Lewis v Warner is an interesting demonstration of the courts exercising their jurisdictional powers in the transfer of property under the Inheritance (Provision for Family and Dependants) Act 1975.

Original news

In Lewis (as Executrix of the Estate of Blackwell deceased) v Warner; Warner v Lewis (as Executrix of the Estate of Blackwell deceased) [2017] EWCA Civ 2182 W who was aged 91 lived with the deceased at a property as her partner. L was the deceased's daughter and sole beneficiary. Following an application by W under s 1(1)(ba) and 1(1A) of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) it was decided by a recorder that the property should be transferred out of the deceased's estate to W in exchange for payment of £385 5000 which was the amount of a second valuation obtained by L. That was on the basis that the deceased's will had not made...

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