Information Note on the Court’s case-law No. 77
July-August 2005
TWGS v. the United Kingdom (dec.) - 5385/02
Decision 5.7.2005 [Section IV]
Article 1 of Protocol No. 1
Article 1 para. 1 of Protocol No. 1
Possessions
Impossibility under relevant legislation for a grandchild to inherit grandparents' estate as his parent was still alive: struck out
The applicant's father murdered his parents (the applicant's grandparents) and was imprisoned. Due to a rule of public policy, the applicant's father ceased to qualify to inherit his parents' estate, which amounted to 360,540 pounds sterling (GBP). The applicant instituted proceedings claiming that the estates of his grandparents be devolved on him or that the estate was devolved on the Crown as bona vacantia. The High Court ruled that the estate be devolved on the applicant's great aunt (his grandfather's sibling) because the relevant legislation stated that a grandchild could Not inherit while the parent was still alive. The applicant's appeal to the Court of Appeal was rejected. His complaints to the Court under Article 1 of Protocol N° 1 and Article 8, both alone and in conjunction with Article 14, were communicated to the Government. By letters of 8 June 2005 the parties notified the Court that they had reached a friendly settlement on the basis of a payment to the applicant of GBP 150,000, plus GBP 15,000 for legal costs: struck out of the list.
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This summary by the Registry does not bind the Court.
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