Wife’s Inheritance Act claim settles out of court
If you would like to know where you stand on making a spouse’s inheritance claim then call our free helpline on 0333 888 0407. Alternatively you can email brief details of your case to us at [email protected]
This is a real-life case study of a wife’s Inheritance Act claim that we settled out of court. The claim was brought after her husband left their property in his will to someone else.
We represented Mrs H in an Inheritance Act claim against her late husband’s estate.
The estate was, in legal terms, fairly modest and valued in the region of £50,000 – £70,000. The only asset was the marital home which was owned by our client’s husband in his sole name. Although spouses tend to own property jointly these days, it is still not uncommon for property to be registered in the sole name of just one spouse; frequently the husband. This causes problems when the spouse who owns the property dies having made a will leaving the property to someone else.
Mrs H’s case was complicated by the fact that she and her husband never lived in one household. They also discussed getting a divorce shortly before he died.
The deceased changed his will to exclude his wife, leaving everything to his sister. Unfortunately the sister was unsympathetic to the wife’s position and refused to negotiate. Accordingly, we commenced an Inheritance Act claim in court.
The claim settled very shortly before trial. All the parties were aware that a prolonged dispute would diminish the modest assets in the estate and that it was in no one’s best interests for there to be a lengthy court action.
A settlement was eventually reached on the basis that the marital home would be transferred to the wife.
It is important to remember that time limits apply in inheritance disputes and you can read more about the importance of avoiding delay by clicking here.
If you require guidance on making an Inheritance Act claim then please do not hesitate to contact us on freephone 0333 888 0407 for a free case assessment, or email us at [email protected]