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(Court of Appeal, Sir Nicholas Wall P, Lloyd, Sullivan LJJ, 15 October 2012)
The five children of the deceased appealed an award in favour of their father's partner and her son made pursuant to the Inheritance (Provision for Family and Dependants) Act 1975.
There was much uncertainty over the value of the estate which comprised of property in the UK and in Cyprus. During proceedings the children conceded that the applicants were dependant on the deceased prior to his death.
The substantial award from the estate would be upheld. The judge had little option but to assess the applicants' reasonable needs and make an appropriate award from the English assets. It could not be demonstrated that the judge was plainly wrong. She had properly exercised her judicial discretion in difficult circumstances.
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