ARTICLE
19 October 2018

Avoid Intestacy, Make A Will!

HL
Hewitsons LLP

Contributor

Hewitsons LLP
The High Court has rejected a claim by Mrs Bhusate, that she is the sole beneficial owner of a London house occupied with the deceased until his death in 1990.
UK Family and Matrimonial
To print this article, all you need is to be registered or login on Mondaq.com.

The High Court has rejected a claim by Mrs Bhusate, that she is the sole beneficial owner of a London house occupied with the deceased until his death in 1990.

The deceased died without a Will (intestate) in 1990 and his children argued that his current wife was not entitled to claim sole beneficial ownership of his London house, which was still registered in his sole name. The deceased's children claimed Mrs Bhusate was only entitled to her statutory legacy under intestacy, which was much less valuable. And would mean her leaving the matrimonial home.

The Court rejected Mrs Bhusate's claim because the intestacy rules did not allow a claim to the house. However, the Court agreed to use their power to extend the usual time limit for bringing a claim under the Inheritance (Provision for Family and Dependants) Act , so there is still a chance for the widow - and a lot more expensive litigation to follow.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More