The partner of a gay man who died has failed to persuade the court to make provision for him under the Inheritance (Provision for Family and Dependents) Act 1975. He argued that a failure to do so was a breach of his rights under the Human Rights Act. Mr Garrett had lived with Mr Saunders for many years and they owned their home jointly. Mr Garrett had supported Mr Saunders as he was unable to work. Following the death of Mr Garrett in 2002, Mr Saunders received a half share in the house plus sufficient money to enable him to pay off the balance of the mortgage on the property and still have some capital left over. However, improvements to the house costing £12,000 were necessary to bring it up to standard, so Mr Saunders applied for relief from the court. The judge was not averse to the principle of the claim, but found that Mr Garrett had made sufficient provision for Mr Saunders, who had the option open to him of selling the house and buying a smaller one, which would allow him to release capital.
Content by: The Made Simple Group
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