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Family Law

The leading authority on all aspects of family law

27 MAR 2008

FAMILY PROVISION/WILLS: Baker v Baker

(Chancery Division; Paul Girolami QC sitting as a deputy judge of the High Court; 13 March 2008)

The will in favour of the testator's cohabitant had been invalid, by virtue of the testator's lack of testamentary capacity, and there was no proprietary estoppel in the cohabitant's favour, notwithstanding the drawing up of wills in the same terms. However, the cohabitant had demonstrated an entitlement to reasonable financial provision under Inheritance (Provision for Family and Dependants) Act 1975, s 1(1)(ba), and was entitled to a life interest in the property and its proceeds of sale.

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