Hugh James reach favourable outcome for client in contentious probate case
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Matthew
Evans, solicitor in the Hugh James specialist contentious
probate team, 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.