In a decision released on 15 March 2017 , overturning the Court of Appeal, the UKSC reminds courts that when considering claims for financial support from the estate of a deceased, the test is not whether the deceased behaved unreasonably in leaving the will they did.
The right question for the court is: did the will/intestacy make reasonable financial provision?, not whether the deceased acted unreasonably.
Unreasonable testamentary behaviour of the deceased may be considered, but English law, the court confirmed, recognizes the freedom of individuals to dispose of their assets by will in whatever manner they wish, subject to . . . [more]