Goenka v Goenka & Ors
2014
CHANCERY DIVISION
United Kingdom
CORAM
- HIS HONOUR JUDGE HODGE QC
Areas of Law
- Probate and Succession
- Family Law
2014
CHANCERY DIVISION
United Kingdom
CORAM
AI Generated Summary
In the case of Victoria Frances Goenka v. Gopal Goenka & Others, the court addressed whether a nomination under NHS Pension Scheme Regulations falls under the scope of section 8(1) of the Inheritance (Provision for Family and Dependants) Act 1975. The court determined that such nominations do qualify and thus include the death in service payment as part of the net estate. Subsequently, the court decided that Dr. Goenka’s will did not make reasonable financial provision for his widow, warranting a payment of £67,670 representing the deceased’s bank balances and premium bonds to ensure fair provision.
JUDGMENT
6th August 2014
VICTORIA FRANCES GOENKA -V- GOPAL GOENKA & 4 OTHERS
APPROVED JUDGMENT
JUDGE HODGE QC:
Yesterday, from about 10.30 in the morning until about 4.40 in the afternoon, I heard the trial of a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This is my extemporary judgment.
The claim raises an interesting, and apparently novel, point as to the true scope of section 8(1) of the 1975 Act: Is a nomination of a person to receive the lump sum payable where a Health Service employee dies in pensionable employment made in accordance with the National Health Service Pension Scheme Regulations 1995 (which were themselves made under powers conferred by the Superannuation Act 1972) a nomination made “in accordance with the provisions of an enactment”? Although strictly concerned with a nomination made under the statutory pension scheme applicable to Health Service employees, the issue is of potentially wider application to statutory pension schemes generally. The case also raises issues as to the correct approach to apply to a claim by a spouse under the 1975 Act.
I begin by setting out the relevant chronology of events. The claim concerns the estate of the late Dr Nirupam Goenka. He was married to the Claimant, Victoria Frances Goenka, on the 31 st August 1997. There were three children born to that marriage, all sons. They are Master Odel Goenka, who is now 16 years of age; Master Kiran Goenka, who is now 14 years of age and will shortly attain his fifteenth birthday; and Master Sachin Goenka, who is eleven years of age. They are respectively the Third to Fifth Defendants to this litigation, and they act through the Official Solicitor as their litigation friend.
On the 9 th May 2012 the Claimant presented a divorce petition. There was a first financial provision hearing for directions on the 24 th October 2012. That followed the making of a decree nisi of divorce on the 15 th August 2012. On the 7 th September 2012 the deceased made his last will. On the same day he wrote a Letter of Wishes, which was supplemented by a further, and less formal, letter three days later on the 10 th September 2012. It is clear from the terms of that latter letter that at that time the deceased was contemplating that he would make a further will following the resolution of the financial matters attending his divorce and the making of the decree absolute. However, and sadly, seven days later, on the 17 th September 2012, the decease