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Partner at Hugh James solicitors, Matthew
Evans, recently enjoyed a successful case in which a favourable
decision for our client in Cardiff County Court was upheld in the
Court of Appeal.
Mrs Mussarat Iqbal was widowed after 22 years of marriage.
Following her husband's death she discovered that, under the
terms of her husband's will, she was left just £8000 and
a right to live in the matrimonial home. That home, however, was
valued at £115,000 and required extensive repairs worth over
£30,000 which she simply could not meet. There was,
therefore, the very real possibility that she may not be able to
carry on living in her home.
The remainder of her husband's estate was left to his son
from an earlier marriage.
The court heard that Mrs Iqbal, 61, was totally dependent on her
husband prior to his death. She speaks limited English and
effectively lived on state support and the £5 a week paid to
her by her husband as pocket money.
Upon an application by virtue of the Inheritance (Provision for
Family and Dependants) Act 1975, the Court agreed with the case
brought by our team on Mrs Iqbal's behalf that she had not
received 'reasonable financial provision'. As such, the
court effectively rewrote Mrs Iqbal's husband's will to
ensure to the effect that she now owns half of the property and has
the right to stay in her home for life. She is also entitled to her
husband's residuary estate, which is valued at around
£28,000.
The outcome ensures that Mrs Iqbal has far more financial
security in her later years and demonstrates the court's
willingness to intervene if it feels that reasonable provision has
not been made for an individual.
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The case of Hawes v Burgess and another [2013] EWCA Civ 74 is recent Court of Appeal decision reminding Probate practitioners of what steps must be taken to ensure that Wills they draft are upheld.
A well-meaning friend, relative or even a carer of a deceased person may take what they believe are helpful steps to tidy up a deceased’s affairs in the days following their death to pave the way for those who will carry out the administration of the estate.
A discussion on the increasing number of family feuds over disputed wills that result in cases before the High Court.
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