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England and Wales High Court (Chancery Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Moore v Holdsworth & Ors [2010] EWHC 683 (Ch) (12 March 2010) URL: http://www.bailii.org/ew/cases/EWHC/Ch/2010/683.html Cite as: [2010] 2 FLR 1501, [2010] WTLR 1213, [2010] Fam Law 701, [2010] EWHC 683 (Ch) |
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CHANCERY DIVISION
BIRMINGHAM DISTRICT REGISTRY
Priory Courts Bull Street Birmingham |
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B e f o r e :
____________________
SUSAN LYNETTE MOORE | ||
v | ||
(1) STEWART GEOFFREY HOLDSWORTH | ||
(2) PATRICIA ANN HOLDSWORTH | ||
(3) STEVEN ALAN HAINES | ||
(4) PAUL MOORE | ||
(5) TRACY HUSSEY |
____________________
Cater Walsh Transcription Ltd, 1st Floor, Paddington House,
New Road, Kidderminster, DY10 1AL.
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MS HUSSEY appeared in person.
____________________
Crown Copyright ©
Friday 12th March 2010
MR JUSTICE KITCHIN:
"(1) Where an application is made for an order under section 2 of this Act, the court shall, in determining whether the disposition of the deceased's estate effected by his will or the law relating to intestacy, or the combination of his will and that law, is such as to make reasonable financial provision for the applicant and, if the court considers that reasonable financial provision has not been made, in determining whether and in what manner it shall exercise its powers under that section, have regard to the following matters, that is to say—
(a) the financial resources and financial needs which the applicant has or is likely to have in the foreseeable future;
(b) the financial resources and financial needs which any other applicant for an order under section 2 of this Act has or is likely to have in the foreseeable future;
(c) the financial resources and financial needs which any beneficiary of
the estate of the deceased has or is likely to have in the foreseeable
future;
(d) any obligations and responsibilities which the deceased had towards
any applicant for an order under the said section 2 or towards any beneficiary of the estate of the deceased;
(e) the size and nature of the net estate of the deceased;
(f) any physical or mental disability of any applicant for an order under
the said section 2 or any beneficiary of the estate of the deceased;
(g) any other matter, including the conduct of the applicant or any other
person, which in the circumstances of the case the court may consider relevant.
(2) This subsection applies, without prejudice to the generality of paragraph (g) of subsection (1) above, where an application for an order under section 2 of this Act is made by virtue of section 1(1)(a) or 1(1)(b) of this Act, the court shall, in addition to the matters specifically mentioned in paragraphs (a) to (f) of that subsection, have regard to—
(a) the age of the applicant and the duration of the marriage …;
(b) the contribution made by the applicant to the welfare of the family
of the deceased, including any contribution made by looking after the home or caring for the family;
… In the case of an application by the wife or husband of the deceased, the court shall also ….. have regard to the provision which the applicant might reasonably have expected to receive if on the day on which the deceased died the marriage, instead of being terminated by death, had been terminated by a divorce order."
section 3(1)(a)
section 3(1)(b)
section 3(1)(c)
section 3(1)(d)
section 3(1)(e)
section 3(1)(f)
section 3(1)(g)
"there is nothing dangerous or threatening to [Susan's] health by her returning home provided that adequate care and facilities are provided".
"It would be practicably possible for [Susan] to live at her old home at Granby Close and from a medical point of view the action would be advisable if she wishes. I know that she is aware that she might feel more isolated in her own home and have more anxiety about, for instance, staff turning up than in the present environment, but, as in all such cases, it would be recommended or otherwise depending on her choice".
"There are two aspects to the assistance that she would require to live independently at her old home; one is a re-provision of adaptations with a fixed environment, so, for instance, moving out thresholds, ensuring that a bathroom such that she could enter it and transfer readily on a level surface and have space enough for a motorized wheelchair and bed, and, of course, the re-wiring of her possum control would need to be undertaken.
The second aspect is assistance. She is able to call for help from care workers at the Saltways Cheshire Home where she lives currently at any time in 24 hours. In fact, for instance, at night time, after retiring to bed, she on average only calls once before getting-up time the next morning, so she would need, if living in her old home, to have staff 24 hours a day."
"if Susan wishes to return to her home in Redditch, Worcestershire County Council will re-assess her care needs to ensure that she receives the most appropriate care package that assists her with all her eligible community care needs. Therefore we would support Susan to return home."