Reasonable Provision?

The Court of Appeal recently refused a widow permission to appeal against a first instance decision made by the Family Division of the High Court. The widow was seeking to appeal the earlier decision regarding the provision she would receive from her late husband's estate.

The late Mr Allport had left his entire estate to his wife in a will executed shortly before his death in 2006. The will, however, was not properly attested and, as such, his estate was distributable under the terms of an earlier will. In the earlier will his interest in his company (valued at trial at £8.3 million) passed to his son from a previous marriage.

As a result, Mrs Allport applied to the court for "reasonable financial provision" under the Inheritance (Provision for Family and Dependants) Act 1975, by virtue of her capacity as spouse of the deceased.