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Claims by beneficiaries for reasonable financial provision out of the estate: Duggan v Duggan

11/06/2025

The recent decision in Duggan v Duggan (HHJ Johns KC sitting at the Central London County Court, handed down 23 May 2025) provides a useful illustration. It highlights some of the principles relevant to claims under the Inheritance (Provision for Family and Dependants) Act 1975. The UK Supreme Court set out these principles in Ilott v The Blue Cross [2017] UKSC 17. In particular, the case reminds practitioners that:

The presence or absence of a properly evidenced moral claim on the estate concerned will often – as here – be at the centre of a decision under the 1975 Act;
The purpose of the court’s jurisdiction under the 1975 Act is not otherwise to reward meritorious conduct by the claimant;
Alleged inability to work, or inadequacy of certain types of accommodation, etc., for medical reasons should be properly evidenced;
The size of the estate and what other claims there are on it are highly material. These factors impact the strength of the circumstances required to justify a finding of failure to make reasonable financial provision.

Read the full write-up of the case as recently published in Today’s Wills & Probate, here

Current pupil Zachariah Pullar acted for the first defendant, Ann Duggan. Ann Duggan adopted a neutral stance on behalf of the estate.

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Claims by beneficiaries for reasonable financial provision out of the estate: Duggan v Duggan

Authors

Zachariah Pullar

Related Practice Areas

Popular Insights

For help, please complete the form below.

Frequently asked questions

Do barristers at Guildhall Chambers work on a “no win, no fee” basis? Can I fund my case with legal insurance?

Do any of the barristers at Guildhall Chambers work without requiring a fee?

Do barristers at Guildhall Chambers provide their services to clients who are funded by the Legal Aid Agency?

Guildhall Chambers

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Claims by beneficiaries for reasonable financial provision out of the estate: Duggan v Duggan

Authors

Zachariah Pullar

Related Practice Areas

Popular Insights

For help, please complete the form below.

Frequently asked questions

How do I contact chambers and your clerks?

What services do barristers from Guildhall Chambers provide?

What is Public Access (Direct Access)?

How are fees calculated for different areas of work?

How do quotes and fees at Guildhall Chambers work?

Do barristers at Guildhall Chambers work on a “no win, no fee” basis? Can I fund my case with legal insurance?

Do any of the barristers at Guildhall Chambers work without requiring a fee?

Do barristers at Guildhall Chambers provide their services to clients who are funded by the Legal Aid Agency?

Do you have timescales for the services which you provide?

What will increase the level of fees to be paid on a case?

Who regulates the barristers at Guildhall Chambers?

What is the complaints procedure at Guildhall Chambers?

Where is Guildhall Chambers based?

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