financial provision

The Supreme Court yesterday unanimously dismissed the appeal in the case of Unger and another (in substitution for Hasan) (Appellants) v Ul-Hasan (deceased) and another (Respondents).

The case concerned whether an unadjudicated claim for financial provision survives the death of a respondent.

Managing Partner Katie McCann has commented in The Telegraph on the landmark Supreme Court judgment, explaining that “This is a disappointing outcome in a case where it appears manifestly unjust for a party to be denied fair and equitable matrimonial provision.

“Mostyn’s clear analysis, logic and fearless assault on the unfairness of the current law has been sidelined.

“This result, affirming the current law, could lead to cases where manifestly unjust and unfair outcomes occur where one party is left without access to funds that would have otherwise been available to them if the deceased where still alive.”

Katie’s comments were published in The Telegraph, 28 June 2023, and WealthBriefing, 3 July 2023, and can be found here and here.