A man has won the right to bring a claim against the estate of his ex-wife’s mother and challenge the validity of her Will.
His wife gave an undertaking in a consent order in financial remedy proceedings that if she inherited more than £100,000 from her mother, the surplus would be split equally between her and her husband.
Upon her death, the wife’s mother left the wife £100,000, with the remainder of her estate (worth around £150,000) bequeathed to the wife’s children.
The husband claims that the Will was not properly executed and is therefore invalid, but in a previous ruling he was told he had insufficient interest in the Will to bring such a claim.
The Court of Appeal has reversed that judgment and the husband can now bring a probate claim to set aside the Will. If successful, he could be entitled to an additional £75,000 of his ex-mother-in-law’s estate.
Expert Wills and probate solicitors in East Sussex
For expert advice on contesting a Will or making a claim against an estate contact Senior Partner David Young: