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Court of Appeal allows Cowan appeal and clarifies the status of standstill agreements in family provision claims (Cowan v Foreman)

Court of Appeal allows Cowan appeal and clarifies the status of standstill agreements in family provision claims (Cowan v Foreman)
Published on: 06 August 2019
Published by: LexisPSL
  • Court of Appeal allows Cowan appeal and clarifies the status of standstill agreements in family provision claims (Cowan v Foreman)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Private Client analysis: This article discusses the practical implications of Cowan v Foreman in the context of standstill agreements in Inheritance (Provision for Families and Dependants) Act 1975 (I(PFD)A 1975). At first instance Mostyn J made disapproving comments about the use of standstill agreements in I(PFD)A 1975 claims. Although strictly obiter, both Asplin LJ and King LJ addressed the use of standstill agreements in their judgments. The article also addresses the Court of Appeal’s decision in giving Mrs Cowan permission to bring her claim out of time. Written by Eliza Eagling, barrister at 5 Stone Buildings who, with Penelope Reed QC, represented the claimant/appellant. or take a trial to read the full analysis.

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