Death after short marriage

Fielden and another; In re Cunliffe [2005] EWCA Civ 1508; LSG 2 February

The deceased suffered from a physical disability and lived in the family home with his parents until his mother died and then his father. After his father’s death, he advertised for a housekeeper and employed a lady who started working for him in April 2001 when she was aged 48 and he 65. In June 2001 they began to cohabit as man and wife and in October they married. He died in November 2002, so the marriage was of a short duration. The deceased’s will left his estate on discretionary trusts, the beneficiaries being his widow, the children and remoter issue of his brother Bernard, Bernard’s widow, his gardener, a friend, the employees of the family business and anyone the trustees chose to add. Bernard had been deaf and dumb, as was his widow, his son Victor, and one of Victor’s children. The net value of the estate was £1.4m. The widow had already received £226,000 by survivorship from a number of funds and policies. It was agreed that the will had not made reasonable financial provision for her. The trial judge awarded the widow £800,000, but did not explain how he reached the figure.