Case study of a widower’s inheritance claim. If you are a widower and wish to make an inheritance claim then call our free legal helpline for a case assessment and details of no win, no fee funding.
Mr P had been married to Mrs P since 1975. Mrs P had one daughter from a previous relationship, Mrs V, who was therefore Mr P’s stepdaughter.
Mr and Mrs P executed mirror wills that provided for their estates to pass to each other in the event of their death.
However, following a diagnosis of cancer, a new will was executed by Mrs P – with the assistance of Mrs V – gifting her entire estate to Mrs V.
Mrs P’s estate was relatively small, but Mr P was nevertheless concerned about the circumstances surrounding the execution of his wife’s will.
When she passed away Mr P challenged the validity of the will on the grounds of lack of capacity and undue influence. He also made a claim under the Inheritance (Provision for Family & Dependants) Act 1975.
It was not necessary to issue court proceedings. We sent a formal Letter of Claim to Mrs V and made an offer of settlement. Everyone wanted to ensure that the estate was not depleted by legal costs and an out of court settlement quickly followed.
This shows how a spouse who does not receive any provision from their husband or wife’s estate is in a strong legal position. The Inheritance Act protects spouses in these circumstances and the strength of Mr P’s position was a significant factor in him being able to reach early terms of settlement without incurring substantial legal costs or commencing court proceedings.
If you would like more information about making a widower’s inheritance claim then call our free legal helpline on 0808 139 1596. Alternatively you can send us an email.