Successful challenge to a Will

Paul acted for beneficiaries under a Will where there was a claim by the deceased’s husband for reasonable financial provision under the Inheritance (Provision for family and Dependents) Act 1975.

The Will gave the husband, who had significant long-term health issues, only £5,000 from an estate worth approximately £1 million (and allowed £16,000 for the care of the deceased’s cats).

The husband argued that he was entitled to approximately three-quarters of the Estate to provide for his long-term needs and reflecting the “divorce cross check” under the Act.

With Paul’s representation, the matter was settled (on the first day of trial) with a payment to the husband of approximately one third of the Estate. This more appropriately reflected his needs, allowed the parties to minimise the overall tax liabilities of the Estate by using the allowance for spouses and avoided the risk of a significant award of costs against the Estate.