Lack of Will Leads to Family Dispute in Court

3rd January 2019 By Alireza Nurbakhsh

When a man’s first wife died, he inherited her share of the property they had owned jointly. At the time, he was living with his third wife, and the couple remained together for a further 28 years until his death in 1990.

He died without making a will and without taking any steps to transfer the legal interest in the property into his and his wife’s joint names.

Circumstances like this are ripe for a dispute to arise, and in this case the family ended up fighting it out in court.

The man’s widow claimed that the house should belong to her. If not, she believed various other claims against his estate were appropriate. If none of those claims were valid, however, she argued that she would have a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which exists to provide for those who are financially dependent on someone who dies without making sufficient provision for them in their will. Under the laws of intestacy, a widow was at that time entitled to a statutory legacy of £75,000 plus a half interest in the balance of the estate.

The outcome was a judgment that ran to 84 paragraphs, in which the High Court ruled that there was a claim to consider regarding financial dependence, but rejected the other claims.

Source: Concious

Latest News

Misled Mother to Lose Home

23rd January, 2019 By Alireza Nurbakhsh

It may sound overcautious to say so, but it is always worth taking legal advice before entering into any significant arrangement, even when it is with a trusted member of the family. Failing to do so has proved to be an expensive lesson for a woman who has now lost her home as a result of an agreement she entered into with her son. The facts were straightforward. The woman's son needed money and persuaded his mother to let him take out a mortgage on her home. In order to accomplish...

CGT Net Tightens for Homeowners

21st January, 2019 By Alireza Nurbakhsh

The recent Budget contained an announcement that will be unwelcome news for some property owners. The sale of a person's principal private residence has always received favourable treatment for Capital Gains Tax (CGT) purposes. Normally such sales are exempt from CGT. The relief has traditionally extended to properties which have been the main residence of the owner for only a part of the period of ownership. In such cases, the gain on the sale of the property is apportioned on a time basis between the period it was used as the...

Probate Charges to be Increased for Larger Estates

17th January, 2019 By Alireza Nurbakhsh

Proposals to link the cost of being granted probate over an estate valued at more than £5,000 (currently fixed at £215 for those applying individually or £155 if applying through a solicitor) to the value of the estate were announced in 2017 but were quickly dropped amidst a storm of protest. That, however, was not the end of the matter, because the proposals have been brought back in modified form. Under the new plans, those with an estate worth less than £50,000 will have probate granted without charge, but a...

Leasehold Reform Consultation Ends

15th January, 2019 By Alireza Nurbakhsh

The leasehold system in the UK has been crying out for reform for years, and the Government has decided to tackle the issues through the medium of a new consultation paper called 'Fixing our broken housing market'. The chief target for the Government has been the use of leaseholds for the sale of new properties, which is seen as a way that developers can receive a passive income as well as their development profit. One of the solutions to this problem will be capping the ground rent per property at...