Q&As

Can a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (by a person who has been living in the deceased's property for decades rent free) be run in the alternative to a constructive trust/estoppel claim where that person has been spending money renovating and extending the property? The two claims appear to conflict in nature.

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Published on: 25 October 2022
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Yes, it is certainly possible to run a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) in the alternative to a constructive trust or proprietary estoppel claim, and that is not uncommonly done: the recent case of Habberfield v Habberfield; Wright v Waters; Suggitt v Suggitt; Ottey v Grundy.

Logically, determination of the

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