EVER WONDERED
ABOUT
SUCCESSION
RIGHTS FOR
COHABITING
COUPLES?
The judgement
for Banfield v
Campbell [2018]
EWHC 1943 (Ch)
was handed down
in August, with
the result being
that the claimant
was awarded a
life interest in
half of the net
proceeds of sale
of the deceased’s
property rather
than a lump sum.
6
The claimant, Mr Banfield, brought a claim against his
deceased partner’s estate under the Inheritance (Provision for
Family and Dependants) Act 1975 on the basis that her will
failed to make reasonable financial provision for him following
her death on a holiday flight to the Canary Islands in 2015.
Mrs Cambell’s will left the residue of her estate to James, her
son from a previous relationship, on the condition he reach
25 and a gift of £5000 to Mr Banfield who in the will was
described as a ‘friend’. Considering the will was written in the
early stages of their relationship this description was likely apt
for the time.
Mr Banfield brought a claim under section 1(1A) of the 1975
Act as a cohabitant of the deceased who was living as a
spouse, and also under section 1(1)(e) as a person being
maintained by her immediately before her death.
There was some dispute over whether Mr Banfield was
entitled to bring a claim under section 1(1A), with James
alleging that he lived more like a lodger by the time of Mrs
Campbell’s death. The basis for this claim was that by 2011
the claimant and deceased were no longer sharing a bed,
largely because Mr Banfield found it more comfortable to
live downstairs due to ongoing health issues. It was held that
The Society of Will Writers