Cohabitant entitled to slice of partner’s £1.5m estate, judge rules

[Amethyst]

From the Law Gazette

The High Court has ruled in favour of a woman who received nothing from her late partner’s £1.5 million estate, in a judgment that will again spark debate about the law on inheritance. In a ruling handed down on 29 March, the High Court ruled in favour of 79-year-old Joan Thompson, who it said should be entitled to a distribution of Wynford Hodge’s estate.
In Thompson v Raggett, Thompson pursued a claim under the Inheritance (Provision for Family and Dependants) Act 1975 against Hodge. He had left his whole estate, valued at £1,535,060, to tenants and friends. The couple had been together for 42 years.
His Honour Judge Jarman QC said Thompson should be given reasonable provision for her maintenance. She was granted one of Hodge’s properties worth £225,000 – the court heard the property had been purchased with a view to the couple retiring to it. Thompson was also granted £160,000 for her future maintenance and care, and £28,845 to renovate the property.

This despite

The last will made no provision for Mrs Thompson. He gave his reasons in a letter of wishes dated the same day, as follows:
"In my Will I have specifically made no provision for my partner, Joan Thompson and her children, Gary, Lee, Dean and Sharon. I currently have no contact with Joan's children. I have no issue with Gary, but I have concerns regarding Lee, Dean and Sharon and do not trust them. I feel that they have previously taken advantage of me and have already received/taken monies from me during my lifetime. I do not want Joan or her children to inherit from my estate."

and

• He then went on to give some instances to justify that mistrust before continuing:

"I no longer want to leave my residuary estate on trust to pay the income to Joan for her life as this would be a substantial sum and I do not believe she will need it. Also due to Joan's health I believe she would not be able to live in my property independently. I am Joan's main carer and envisage she may have to go in to a home following my death. I confirm Joan has her own finances and is financially comfortable. Joan has her own money and her own savings."

However he'd left NO provision whatsoever for his co-habitant partner of 42 years

Whilst the wishes of Mr Hodge that Mrs Thompson's family should not benefit from any provision for her should be given appropriate weight, those wishes should not hinder the reasonable provision for her maintenance. That is the mistake that he made in his letters of wishes which led to no provision at all being made.

Judgment -> http://www.bailii.org/ew/cases/EWHC/Ch/2018/688.html

Read more in the Law Gazette -> https://www.lawgazette.co.uk/law/coh...065568.article