UK:
Spouse Granted Interim Payments From Husband's Estate Pending 1975 Act Claim
06 February 2020
Hewitsons LLP
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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.
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