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Divorce & The Inheritance Act
25 November, 2021 3 minutes reading time
The Inheritance Act 1975 gives certain people the legal right to make a claim against a person’s estate for ‘reasonable financial provision’. However, a recent case, Sismey v Salandron, is the first ever where this type of claim has reached trial. It’s widely believed that the decision made in this case will affect estates involving divorce settlements, financial provision and leaving a property in a Will.
So, we thought explaining why this case is so important would be helpful.
The Case – Sismey v Salandron
The claim was brought to court by Thomas Sismey, son of the deceased. Thomas sued his deceased father’s estate. His father divorced Thomas’s mother in 2017, agreeing to leave his property to Thomas in a court-approved settlement. Marissa Salandron, his girlfriend at the time, also signed the agreement, acknowledging its contents.
Two years later, Thomas’s father, terminally ill with cancer, married Marissa to ensure she’d receive widow’s benefits from his pension. This marriage automatically revoked his previous Will, making Marissa the sole beneficiary. Consequently, Thomas wouldn’t inherit the house. He argued that the 2017 divorce agreement should be honoured. Marissa countered that, as the widow, she was entitled to “reasonable financial provision” under Section 11 of the Inheritance Act, even though she’d previously signed the agreement giving the house to Thomas.
Court Decision
The judge upheld James’ claim and rejected Marissa’s. Taking the terms of the divorce settlement into account, the court thought the terms of the original agreement were fair. Furthermore, James’ father had kept a sizeable pension as part of the settlement, so James should inherit the property as intended.
Implications
Given that 42% of married couples are expected to divorce, the implications of this case are being taken seriously.
The judgment raises serious issues around agreeing (in a divorce settlement) that property should be left in a Will. However, it’s also clear that family court-approved divorce settlements may be set aside if they do not adequately account for reasonable financial provision under Section 11 of the Inheritance Act.
It’s also possible, if Marissa had been married for longer, she might have been able to make a more credible claim on the right of occupation. If she had succeeded, James would have been deprived of the main benefit of the original divorce order without the ability to re-negotiate his father’s death.
Our Advice
The death of a loved one can be devastating. Unfortunately, it is even harder if there are disputes or challenges over their estate. Our lawyers are highly experienced in advising clients about making Wills and creating Trusts. This case highlights the importance of consulting a lawyer and being advised on all the circumstances surrounding your Will.
If you need advice about planning for the future, please contact us to see how we can help.
Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.