FAMILY PROVISION: H v J's Personal Representatives, Blue Cross, RSPB and RSPC [2009] EWHC 3114 (Fam)

01 DEC 2009

(Family Division; Eleanor King J; 1 December 2009)

The mother did not make any provision for her estranged adult daughter who lived in modest circumstances with five children. The mother left her net estate of £486,000 to charities. The judge at first instance found that the mother had failed to make reasonable provision for her daughter and awarded her £50,000. The daughter appealed and the charities cross-appealed.

The judge should not have asked whether mother had acted unreasonably but whether on an objective basis, having considered all the factors, the provision, or lack of provision was unreasonable.

The charities' cross-appeal was allowed and no provision was to be made for daughter from estate.

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