Contentious Probate Client Case Studies
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.
Our specialist contentious
probate team attracts instructions from all over the UK on a
diverse range of issues. We offer straightforward and practical
advice with sensitivity and care. Contact us now for help and
advice on your contentious issues.
Contentious Probate client case
summaries