OUP Questions Flashcards
A man has died leaving a wife and children. A woman has made a claim against the estate stating that she was being maintained by the deceased for a number of years until three months before his death. The deceased suffered a stroke at that time and was in hospital until his death.
Which of the following correctly states the position with regard to the woman’s claim?
The court could disregard the last three months of the deceased’s life as there appears to be a settled basis for maintenance.
If the woman can show that she was being maintained by the deceased until that point, she will have met the criteria for establishing a claim. Case law indicates that where maintenance is discontinued because of circumstances beyond the control of the deceased, the court may disregard any such period.
A firm of solicitors is holding the will of a former client. The client has now passed away and his son is concerned that he may have been unfairly left out of the will. He wishes to obtain a copy of the will.
What action should the solicitor take to avoid being in breach of his duty of confidentiality?
Provide the son with a copy of the will once the personal representatives have provided their consent.
Only the personal representatives of the deceased can provide consent to the firm of solicitors, therefore, unless the widow is also a personal representative, the will cannot be released to the son.
