Posted by Amanda Noyce, Partner
Wife’s claim for financial provision
Fiona* had been married to her husband, Graham, for 25 years before his death. However, shortly prior to his death, Graham had an affair with Helen and, without Fiona’s knowledge, he changed his Will to leave everything to Helen.
Fiona still received some assets that she had jointly owned with Graham but Fiona and Helen received an approximately equal provision from the estate.
We pursued a claim for financial provision from the estate for Fiona in accordance with the Inheritance (Provision for Family and Dependants) 1975 Act.
Helen argued that Fiona’s marriage to Graham was a sham and that any financial award should be greatly reduced because of this. However, we were able to produce evidence that this was not the case.
The matter was hotly contested, but we managed to settle the claim shortly before going to trial, which resulted in a healthy settlement for Fiona.
*For confidentiality, we have protected the names of our clients.
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