Share on LinkedInShare on LinkedIn

ARTICLE · 06 SEPTEMBER 2018

Inheritance Disputes: Maintenance For Life, With Strings

Withers LLP
Withers LLP
Contributor
Withers LLP

Withers LLP

Withers is an international law firm focused on the personal, business and philanthropic interests...

View firm profile
Explore more from Withers LLP

A 66 year old man with disabilities has had his maintenance award confined to a life interest in 50% of his fiancée's estate despite their 20-year relationship.

United KingdomReal Estate and Construction
Natasha Stourton
Natasha Stourton
Author LinkedIn connections

A 66 year old man with disabilities has had his maintenance award confined to a life interest in 50% of his fiancée's estate despite their 20-year relationship.

This follows a judgment in the Supreme Court in 2017 which stated that '[i]f housing is provided by way of maintenance, it is likely more often to be provided by such a life interest rather than by a capital sum'.

Is this fair? Natasha Stourton looks at the recent case of Banfield v Campbell and what it means for similar cases.

The facts

On her husband's death in 1992, Sarah Campbell inherited the family home, 3 Westville Road, free of mortgage. A few years later, she started a relationship with a family friend, Andrew Banfield. Gradually they spent more and more time together and, by 2001, Mr Banfield had moved into the family home. Mrs Campbell's son was 19 years old at the time.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Renters’ Rights Act Update: Key Developments For Landlords

The UK Government has unveiled the next phase of the Renters' Rights Act 2025, introducing a mandatory private rented sector database launching December 2026 and transferring rent increase dispute resolution from tribunals to the Valuation Office Agency. These reforms will fundamentally reshape compliance obligations for landlords across England, requiring registration of all rental properties with annual fees and updated enforcement mechanisms.
GlobalReal Estate and Construction
Bates Wells
Bates Wells
Article

Selling A Tenanted Property: How Ground 1A Works Under The Renters’ Rights Act

Section 21 has been abolished for new possession action from 1 May 2026, but landlords who need to sell with vacant possession still have a route. Ground 1A of the amended Housing Act 1988 allows a landlord to recover possession where a genuine sale is intended, but it comes with a four-month notice period, restrictions on reletting and remarketing, and potentially significant penalties for misuse.
United KingdomReal Estate and Construction
Barnes Law
Barnes Law
Article

The Proposed Heathrow Third Runway: What Residents Need To Know About Property Impacts, Compensation And Reform

The prospect of a third runway at Heathrow Airport has resurfaced, bringing uncertainty to communities across West London and the Thames Valley about homes, property values and future planning. This guide examines how the compensation framework operates for affected homeowners, identifies critical gaps in protection during the years between policy approval and construction, and explains why reform is needed to address the human and financial costs of prolonged infrastructure uncertainty.
United KingdomReal Estate and Construction
Hugh James
Hugh James
Article

Renters' Rights Act 2025: What The Latest Government Announcement Means For You

The Renters' Rights Act 2025 introduces sweeping changes to the UK rental market, including a mandatory national property registration system and a new process for handling rent disputes. Landlords face strict deadlines and significant penalties for non-compliance, while the government promises faster resolution of tenant challenges to rent increases.
United KingdomReal Estate and Construction
Womble Bond Dickinson (UK) LLP
Womble Bond Dickinson (UK) LLP
Article

The Renters' Rights Act Private Rented Sector Database Is On The Way: What Landlords Need To Know

The UK Government has announced the second phase of the Renters' Rights Act, introducing a mandatory Private Rented Sector Database that will roll out region-by-region starting in the West Midlands in December 2026. Landlords across England will face registration requirements, annual fees of £65 per property, and potential penalties of up to £40,000 for non-compliance, fundamentally changing how the private rental sector operates.
United KingdomReal Estate and Construction
Blacks
Blacks
Article

The PRS Database Is Coming: What Landlords And Investors Need To Know

The UK Government has confirmed the operational framework for its new national rental property registration service, requiring landlords to register eligible private rented sector properties across England from December 2026. With registration costs of £65 per property annually and strict compliance deadlines varying by region, institutional investors and portfolio operators face significant data management and governance challenges. The rollout introduces ongoing reporting obligations that extend far
United KingdomReal Estate and Construction
Gowling WLG
Gowling WLG
Article

A 5% Wealth Tax? Preparing Clients For California's Billionaire Tax Act

California's proposed Billionaire Tax Act would impose a onetime 5% excise tax on individuals and trusts with assets exceeding $1 billion, creating unprecedented challenges for estate planners. The retroactive application and anti-abuse provisions raise critical questions about the treatment of grantor trusts, non-grantor trusts, and beneficiary interests that deviate significantly from established federal wealth transfer tax principles.
United StatesTax
Withers LLP
Withers LLP
Article

Navigating Florida’s New Trust, Probate And Series LLC Statutes

Florida has enacted significant statutory changes affecting trust administration, probate procedures, and business entity formation. These reforms introduce streamlined nonjudicial processes for trustee discharge, expand access to simplified probate administration, and establish a new framework for protected series LLCs that offers enhanced asset protection and operational flexibility for estate planners and business owners.
United StatesWealth Management
Withers LLP
Withers LLP
Article

Subscription Contracts: What Businesses Need To Know About The New UK Cancel Culture

The UK government has accelerated the implementation of new subscription contract rules under the Digital Markets, Competition and Consumers Act 2024, moving the enforcement date to January 2027. These regulations introduce stricter transparency requirements at sign-up, mandatory cooling-off periods including a new renewal cooling-off window, and simplified cancellation processes designed to eliminate 'subscription traps' that lock consumers into unwanted recurring payments.
United KingdomConsumer Protection
Withers LLP
Withers LLP
Article

Flexible Working In 2027: The UK Government Reveals Further Details Of Upcoming Reforms

The UK government has published its response to consultation on flexible working reforms, introducing a new reasonableness test for employers refusing requests from 2027. The reforms will require employers to meet with employees before rejecting applications and explain why refusal is reasonable, while consultation data reveals significant gaps between employer and employee perceptions of the current system.
United KingdomEmployment and HR
Withers LLP
Withers LLP
Article

Over Two Thirds Of Charities Report A Rising Demand For Services Over The Past Year

The Charities Aid Foundation's World Giving Report reveals that two-thirds of charities are experiencing increased demand for services while facing significant funding challenges. With restricted funding streams and depleting reserves, many organizations struggle to maintain operations, raising critical questions about the sector's long-term sustainability and the need for more flexible funding approaches.
United KingdomCorporate/Commercial Law
Withers LLP
Withers LLP
Article

Navigating Japan's Foreign Investment Rules: Key Requirements And The 2026 Reform Update

Japan's Foreign Exchange and Foreign Trade Act amendments, promulgated in June 2026, introduce significant changes to foreign direct investment screening procedures. These modifications expand regulatory oversight to include indirect acquisitions, mandate reporting of risk mitigation measures, and grant authorities enhanced powers to address national security concerns even after transactions are completed.
JapanGovernment, Public Sector
Withers LLP
Withers LLP