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Family provision – Property available for financial provision. A woman had died from terminal illness and her husband had received a payment under the life insurance policy that they held. However, they were in the process of divorcing at the time of her death and she had had a child with another partner. The child issued proceedings under the Inheritance (Provision for Family and Dependents) Act 1975. A preliminary issue was determined which held that immediately before her death, the deceased had been entitled to a joint tenancy of the right under the life policy to benefit from her assumed terminal illness. The Court of Appeal, Civil Division, held that although there had been a severable interest in the policy immediately prior to the deceased's death, it had had a nil value because the benefit had been dependent upon an appropriate claim having been made and, as no claim had been made, there had been no value to be treated as part of the estate.
Family provision – Property available for financial provision. A woman had died from terminal illness and her husband had received a payment under the life insurance policy that they held. However, they were in the process of divorcing at the time of her death and she had had a child with another partner. The child issued proceedings under the Inheritance (Provision for Family and Dependents) Act 1975. A preliminary issue was determined which held that immediately before her death, the deceased had been entitled to a joint tenancy of the right under the life policy to benefit from her assumed terminal illness. The Court of Appeal, Civil Division, held that although there had been a severable interest in the policy immediately prior to the deceased's death, it had had a nil value because the benefit had been dependent upon an appropriate claim having been made and, as no claim had been made, there had been no value to be treated as part of the estate.
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Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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