Inheritance Act Claim by Spouse

Some may consider being married to someone would offer sufficient protection should your spouse sadly pass away - however that is not always the case as can be seen in an Inheritance Act Claim by a spouse that our contentious probate solicitors acted on.

Right to Occupy in a Will

In this case our client was the second wife of the Deceased, after his first wife died several years earlier. Our client and the Deceased each had children prior to entering into the marriage but did not have any children together. Shortly after the marriage, the Deceased prepared a Will which in the main benefitted his children and provided our client with a Right to Occupy the marital home (which was in his sole name).

The Will, which was prepared shortly after marriage, was 11 years old at the time of the Deceased’s death. Our client and the Deceased enjoyed a happy relationship for 15 years of which they were married for 11 years.

Claims under the Inheritance (Provision for Family and Dependants) Act 1975

Our client brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (‘the Act’) as the Will did not provide reasonable financial provision for her.

Whilst the Will provided her with the Right to Occupy her marital home, that ‘Right’ came with specific strict conditions which caused our client concern.

She felt she previously had a good relationship with her husband’s adult children and viewed their children as her grandchildren.  However, on the death of her husband the family relationship changed and there was an irrevocable breakdown in her relationship with them.

Our client was naturally unsettled by the lack of security the ‘Right to Occupy’ and its strict conditions provided her, given the Executors and Beneficiaries under the Will were the Deceased’s children in which there was now a lack of trust.

Spousal claim for reasonable financial provision

Our client pursued a claim under Section 1 (1) (a) of the Act as a spouse of the Deceased. Our client’s claim was for reasonable financial provision from the estate.

Whilst she appreciated the ‘Right to Occupy’ this did not go far enough to qualify as a reasonable financial provision. Since her husband’s death our client had been struggling financially, the household had gone from two incomes to one and her husband, who had been a generous and traditional man had dealt with most of their marital expenditure.

Our client sought provision for her reasonable maintenance together with the added security of her living arrangements. The matter was settled out of Court and through without prejudice negotiations. We were pleased to reach a settlement that provided our client with a lump sum for her maintenance, a life interest in the property, and a contribution towards her legal costs.

Explaining the unusualness of the case and commenting on the successful outcome, Contentious Probate paralegal, Jade Wood, said:

“It is not often that you come across claims in which a spouse from a happy marriage does not get reasonable financial provision from their spouse’s estate. This case was interesting in that whilst provision was made for our client, that provision was not sufficient for her maintenance needs”

How can we help?

For legal advice on Inheritance Act claims contact our Contentious Probate Solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.