Roberts and another v Fresco

Family provision – Claim. The Chancery Division ruled, on a preliminary issue, that claims for financial provision, under the Inheritance (Provision for Family and Dependants) Act 1975, did not survive the death of the deceased's husband (Mr M). The claimants, who were Mr M's child and grandchild, had unsuccessfully argued that such a claim survived his death and that, although they were not the deceased's children, they had a right to bring claims on behalf of Mr M's estate, in circumstances where MR M had not himself claimed for financial provision under the Act prior to his death.

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