- Unsuccessful family provision claim by the adult children of the deceased (Miles and another v Shearer)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Private Client analysis: The adult daughters’ claim for financial provision from their deceased father’s estate was unsuccessful, primarily because the judge found that they had other financial resources from which to meet their maintenance needs. Furthermore, the judge found that the deceased had no financial obligations or responsibilities to his daughters at the time of his death. During the deceased’s lifetime he had made large gifts to his daughters and he had consistently told them that they could not expect to receive any further financial assistance from him. The judge found that while the daughters asserted in their witness statements that they had made lifestyle choices based on encouragement from their father to rely on him for financial support, the evidence did not support these assertions. The judge found that the deceased’s daughters and their mother (the deceased’s first wife) were not entirely satisfactory witnesses as each of them had an axe to grind and were not in any sense objective. The judge preferred the evidence of the deceased’s widow (the deceased’s second wife), who he described as ‘straightforward and objective’. Written by Alexandra Rogers, managing associate, at Foot Anstey LLP.
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