ARTICLE
6 February 2020

Spouse Granted Interim Payments From Husband's Estate Pending 1975 Act Claim

HL
Hewitsons LLP
Contributor
Hewitsons LLP
When Sarah Weisz's husband died, his Will gave her only his share in their matrimonial home, and that was subject to a mortgage.
UK Family and Matrimonial
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When Sarah Weisz's husband died, his Will gave her only his share in their matrimonial home, and that was subject to a mortgage. The rest of his multi-million pound estate went to his three adult children from a previous relationship. Mrs Weisz therefore made a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for lack of reasonable financial provision under the Will.

Pending the outcome of Mrs Weisz's claim, the High Court has granted her interim payments of £5,200 a month from the estate to cover her living expenses and lifestyle, consisting of house maintenance, holidays, hobbies, and clothing. This is because the Court considered that, at the time of making the application, she was in need of immediate financial assistance. Furthermore, she has also been given a lump sum of £55,578 to cover her legal fees in bringing the claim.

If you have not been adequately provided for under a Will, or if you want to minimise the risk of a claim being made against your estate, please contact Tiffany Benson on 01604 463340 or click here to email Tiffany.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
6 February 2020

Spouse Granted Interim Payments From Husband's Estate Pending 1975 Act Claim

UK Family and Matrimonial
Contributor
Hewitsons LLP
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