Recently the High Court considered whether court-approved divorce settlement can be challenged by a new spouse under the Inheritance (Provision for Family and Dependants Act) Act 1975.

In this podcast, partners Hannah Minty and Gareth Ledsham consider the following topics:

  • what are the implications for family lawyers and for private client lawyers following the recent decision in Sismey v Salandron [2021] 10 WLUK 372
  • the first judicial consideration of section 11 of 1975 Act as a route to relief for claimants under 1975 Act where assets have been dealt with under terms of divorce settlement
  • what are the risks for divorcing couples of agreeing to contract to leave assets by Will?
  • does this leave a financial settlement open to challenge on death by future new partners?

Hannah is a partner in the family team at Russell-Cooke. She advises clients from all backgrounds on divorce and financial matters, jurisdictional disputes, prenuptial and postnuptial agreements, property disputes between cohabitees, and financial claims on behalf of children following the breakdown of relationships between unmarried couples

Gareth is a partner in the trust and estate disputes team. He advises on the resolution of conflicts that may arise out of trusts, or the estate of a deceased person including:

  • challenges to wills
  • claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975
  • claims relating to domicile and where assets are located in multiple jurisdictions
  • breach of trust/applications to remove executors and trustees
  • claims relating to ownership of a deceased's property (implied trusts and proprietary estoppel)

If you would like to speak with a member of the team you can contact our family law solicitors; Holborn office 020 3826 7526; Kingston office 020 3826 7527 or Putney office 020 3826 7520 or complete our enquiry form.