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Cowan v Foreman [2019] EWHC 349 (Fam)

Mar 6, 2019, 14:25 PM
Inheritance – Inheritance (Provision for Family and Dependants) Act 1975 – Permission to apply out of time – 13-month delay – Will made wife a beneficiary under two trusts but no outright provision
The wife’s application for permission to apply out of time under the Inheritance (Provision for Family and Dependants) Act 1975 was refused.
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(Family Division, Mostyn J, 25 February 2019)

Inheritance – Inheritance (Provision for Family and Dependants) Act 1975 – Permission to apply out of time – 13-month delay – Will made wife a beneficiary under two trusts but no outright provision

The wife’s application for permission to apply out of time under the Inheritance (Provision for Family and Dependants) Act 1975 was refused.


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Neutral Citation Number: [2019] EWHC 349 (Fam)

Case No: FD18F00079

IN THE HIGH COURT OF JUSTICE

FAMILY DIVISION

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 25/02/2019

Before :

MR JUSTICE MOSTYN

- - - - - - - - - - - - - - - - - - - - -

Between :

MARY JANE COWAN
Claimant

and

(1) MARTIN JOHN FOREMAN
(as executor of the estate of Michael Cowan and as trustee of the Business Property Trust and the Residuary Trust in the Will of Michael Cowan dated 24 March 2016 and as trustee of the Michael Cowan Foundation)

(2) FARRER & CO TRUST COMPANY
(as trustee of the Business Property Trust and the Residuary Trust in the Will of Michael Cowan dated 24 March 2016)

(3) TIMOTHY COWAN

(4) MARINA COWAN

(5) AMANDA COWAN

(6) GERALD MUSIAL

(7) ROBERT MUSIAL

(8) JAMES ANTHONY TRAFFORD AND JAMES ANTHONY JOHN BEAZLEY
(as trustees of the Michael Cowan Foundation)

(9) BRYONY LOUISE ANDREE COVE

(as executor of the estate of Michael Cowan)

Defendants

- - - - - - - - - - - - - - - - - - - - -

Penelope Reed QC (instructed by Withers) for the Claimant
Tracey Angus QC (instructed by Charles Russell Speechlys) for Defendant (1)* & Defendants (8)
Richard Wilson QC (instructed by Farrer & Co) for Defendants (1)**, (2) & (9)
Defendants (3)-(7) did not attend and were not represented

* in his capacity as a trustee of the Michael Cowan Foundation

** in his capacity as executor of the estate of Michael Cowan and as trustee of the Business Property Trust and the Residuary Trust in the Will of Michael Cowan dated 24 March 2016

Hearing dates: 18-19 February 2019

- - - - - - - - - - - - - - - - - - - - -

Approved Judgment

I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.

.............................

MR JUSTICE MOSTYN

This case was heard in private. However, the judge gives leave for this judgment to be reported in this form, without anonymisation.

 

Judgment: Cowan v Foreman [2019] EWHC 349 (Fam)

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