Negus v Bahouse
29th October 2007
Chancery Division; Judge Roger Kaye QC; 23rd October 2007
The Claimant (C) entered into a relationship with the deceased (D). D assured her that if anything happened she would “have a roof over her head” and C gave up her job, left her home and moved in with him. When D died, he left C interests in a Spanish property and a pension policy. The value of his net estate was over £2 million. He left the rest of his estate to his son.C claimed that she had an interest in the flat in which she and D had lived, or alternatively, that she was entitled to claim under the Inheritance (Provision of Family and Dependants) Act1975 Act as a cohabitee of D.
It was held that the evidence did not show that there had been an agreement or understanding, at the time the flat had been purchased, that C and D were to share it beneficially. D’s assurances were not enough. D had, however, failed to make reasonable provision for C’s maintenance and, in all the circumstances, it was ordered that the flat would be transferred into C’s name, free of mortgage. She was also awarded a further sum of £240,000 from D’s estate.
Technorati Tags: family provision , constructive trust
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