Re Callaghan

An adult stepson who had been treated by the deceased as a child of the family could claim reasonable provision from the estate, though the deceased was not his parent.

Citation
[1985] Fam 1
Court
High Court (Family Division)
Year
1985
Subject
Wills, Succession and Probate
Topic
Family provision, forfeiture and other claims against estates

Facts

The deceased had lived with the claimant's mother, and later married her, when the claimant was a teenager, and treated him as his own son. After the mother's death, the claimant, by then an adult with his own family, cared for the deceased during his last illness. The deceased died intestate, and his estate passed to his siblings under the intestacy rules. The claimant applied for reasonable provision under the Inheritance (Provision for Family and Dependants) Act 1975.

Legal principle

Booth J held that the claimant was a person who had been treated by the deceased as a child of the family in relation to a marriage to which the deceased was a party, within section 1(1)(d) of the Act, and that the deceased had recognised his position as such throughout their relationship. The intestacy rules did not make reasonable provision for him, in the light of the close relationship, the help he had given, and his modest means. He was awarded a lump sum. The case shows that the category of child of the family can include adults.

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