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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 of some of the principles relevant to claims under the Inheritance (Provision for Family and Dependants) Act 1975, as set out by the UKSC 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 to 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, who adopted a neutral stance on behalf of the estate.

Authors

Zachariah Pullar

Call: 2024

Related Practice Areas

Inheritance, Wills, Probate & Estates

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