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Trusts and Estates

1975 Act update: Thompson v Ragget [2018] EWHC 688 (Ch)

The first half of 2018 has produced at least one notable post-Ilott decision at High Court level. The Supreme Court’s wide-ranging guidance on the concept of “maintenance” has fallen to be applied in the case of cohabitants, whose claims (like adult children) are limited to reasonable financial provision for maintenance. The case of Thompson v Ragget concerned an elderly cohabitant’s claim against the estate of her late partner. Under the terms of his will, the Deceased (the owner of a Welsh caravan park and farm) left the entirety of his £1.5m estate to his tenants and did not make any provision for his cohabiting partner. The Deceased left a letter of wishes indicating that he believed the Claimant had her own money in the following stark terms:

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