Husband allowed to challenge ex-mother-in-law’s Will

Will, pen and bookletA 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.

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