Inheritance Act 1975 claim from father's widow

[john249]

My sister and I are executors and main beneficiaries of our father's estate. Father's widow, his second wife (aged 73) has threatened to bring a claim for lack of reasonable financial provision under the will. She is the beneficiary of a life insurance policy and received a small legacy in the will. We believe her claim is without merit because she has more than sufficient assets and pension to sustain her prior standard of living and has no dependants or current disability. She was three to four times wealthier than our father, and paid for many of their lifestyle related expenses, with limited financial support from father. On a hypothetical divorce from our father, I believe she would have received nothing. Our father's estate is relatively small. Her solicitors are continuing to threaten court action if we do not agree a settlement, which as currently proposed comprises about half his estate, which we cannot accept. We cannot understand why she continues to press such a weak case, and do not know whether she will risk court action. We have employed a solicitor to advise us, but are exasperated with the lack of progress in resolving her claim. We are now prepared to defend court proceedings, but the legal expense is very wearing. Finally, she has become obsessed with a classic car owned by our father, which she believes should have been left to her, and we have offered that to her to try to resolve matters. We would much appreciate any thoughts.

[Pezza54]

Who owned the property your father lived in? Real property is usually the largest part of a deceased's estate.

[john249]

He conveyed the house he owned at market value to his widow some years ago, to provide him with some cash and to give her housing security. His estate mainly comprises some investments and shares in a private family company (which are not liquid or marketable).

[Pezza54]

She has benefitted from an increase in value of the house since your father sold it to her years ago. You and your sister have lost out on this asset and it is understandable why your father made the both of you the main beneficiaries in his will.
If she is as wealthy as you say she is and she can afford to carry on living in the house maintaining her standard of living, her claim under the Inheritance Act sounds weak. Your father did make financial provision for her in his will, his life insurance policy and a small legacy. On top of that you have offered her a classic car.
I have difficulty believing her solicitor has agreed a no win no fee service. If she decides to proceed with a claim she is taking a big financial risk.
Does your solicitor agree with you that her claim is weak?

[john249]

Thank you, your message is most helpful. A few more details. Widow has instructed a leading regional firm. My guess is that her solicitor has not agreed a no win no fee arrangement, because she has sufficient income to pay their fees. The pre-action statement of claim is substantiated by the length of their marriage (20 years), her contribution to the marriage (her expenditure on daily items, house improvements and holidays) her hospitality to the family (Sunday lunches!) and my and my sister's lack of financial need (independent adults), but not by the key section 3 factors, namely her financial needs, any disability, and any financial obligations my father had to her during their marriage. Our solicitor agrees it is a weak claim but has pushed us towards mediation, which we have rejected. I've spent many hours reading the cases and commentary and cannot see that she has an arguable claim. We are considering switching to a cheaper solicitor, as we have spent considerable sum to date on back and forth without any resolution. Many thanks again.

[Pezza54]

A pricey solicitor that's pushing you towards mediation even though he or she thinks the claim is weak.
You need to find a solicitor that specialises in claims under the Inheritance Act to give you a much better chance in defending the claim successfully.
Don't look for the cheapest. You will be able to recover your defence costs from the claimant if you win the case

[john249]

Thank you! Our present solicitor is experienced with Inheritance Act claims, but I have contacted a non-London firm which is half the price, so debating whether to change.
Can I trouble you with another question: I believe we have a good chance of obtaining summary judgement at an initial hearing, as her case is so weak, but that is not a given. I wonder how readily a court would give summary judgement in these types of cases.

[atticus]

Read section 1(2)(a) Inheritance (Provision for Family and Dependants) Act 1975 - https://www.legislation.gov.uk/ukpga/1975/63/section/1

The widow's case may not be as weak as some have suggested.

I doubt you will get summary judgement, and remember that if you make that application and lose you can expect to be ordered to pay costs within 14 days.

Gather your evidence as fully as you can. Mediation may well be sensible and the most economical way forward.

[Pezza54]

Too early to think about summary judgement.
Please google "Delial v Delial and Others 2015" and read the judges decision about an application for summary judgement. A lot of money involved in this case

[john249]

Many thanks. I have taken a lot of comfort from Ramus v Holt where no award was made to the widow, with the court concluding that the widow could enjoy the same standard of living with her assets and income. The widow in that case had about the same assets and a lower income than the widow in my case. I appreciate that a claim by a spouse is for financial provision, whether or not the provision is required for his or her maintenance, but the widow in my case has no good evidence to substantiate the section 3(1) factors.

[atticus]

If you have not already done so, consider getting on with applying for probate. As you may know, there is a strict time limit for bringing an Inheritance Act claim - 6 months from the date of the grant of probate.