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Family Law

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20 MAR 2008

FAMILY PROVISION/WILLS: Baker v Baker

(Chancery Division; Paul Chaisty QC sitting as a deputy judge of the High Court; 20 March 2008)

The deceased had failed to make reasonable financial provision for his wife, the mother of four of his children, who had lived with him for over 20 years. In such a case the court was entitled to take into account the widow's age, the duration of the marriage and her contribution to the welfare of the family. Further, it was necessary to take into account the provision the widow might reasonably have expected to receive if the marriage had ended in divorce rather than with death. In the case of a spouse, 'reasonable financial provision' meant reasonable in all the circumstances, not simply what was required for maintenance.

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