Widow’s interest in home upgraded

27 June 2012

The widow challenged her husband's will which left her an £8,000 gift and a right to occupy the property for the remainder of her life, the remainder passing to the deceased's son. The challenge was bought under the Inheritance (Provision for Family and Dependants) Act 1975) and saw the widow rewarded with a half share in the capital value of the property, as well as the entirety of the estate. The judge considered the fact the widow was dependent on the deceased and had been married to him for 22 years. She had little earning capacity and spoke little English. Consequently, there was not adequate provision made for her in the Will (considering the size of the estate) and without giving her more of the total estate, she would not have been able to afford to keep the house in good repair and live. The judge therefore came to the conclusion that she should be given a half share in the house, along with the remainder of her husband's assets. When making your Will, you should consider all of those who may have an interest in your estate, to ensure that you receive advice on such claims against your estate. If you would like advice when making your Will, please contact our Private Client team on 01245 228107 or privateclient@gepp.co.uk who will be able to assist you. Please note that nothing in this article constitutes legal advice and should not be construed as such.