Wife succeeds in getting husband’s will overturned

A wife has succeeded in getting her husband’s will overturned because the court accepted that he had not made reasonable financial provision for her.

The husband’s assets consisted of the matrimonial home, his scrap metal and recovery business and the premises from which the business was conducted. Under the terms of his will, the home and ownership of the business premises were placed in trust for his wife and his children. The business itself was transferred to the children who continued trading.

The wife received some money from insurance policies and the couple’s joint bank account. However, the small income she had been receiving from the business ceased. She was struggling financially and submitted that her husband had not made adequate provision for her in his will.

She believed she was entitled to sole ownership of the house and a one-off payment of £550,000 to provide her with an income of £30,000 a year.

The court held that under the Inheritance (Provision for Family and Dependants) Act 1975, the wife was entitled to reasonable financial provision above the level of mere maintenance. Arriving at the correct level of provision meant taking into account factors such as the length of the marriage and the contribution she had made to bringing up the children and maintaining the family home. The couple had been together for 20 years and she had played a major role in raising the children.

The court decided therefore that she was entitled to more than had been left to her in the will. She was awarded ownership of the matrimonial home and a lump sum payment of £410,000.

More and more people are now coming forward to challenge wills if they feel they have not been provided for properly. Please contact us if you would like more information about any aspect of wills and probate.