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Another Inheritance One.. advice appreciated

26 replies

FamilyWay · 22/10/2022 12:22

Posting for my cousins – solicitors are involved which may be half the problem..

So, my uncle remarried at the grand old age of 75, to a woman around ten years younger. They owned their own homes outright and decided to float between the two. As they both had children, the deal (apparently) was that they leave their estates to their respective children, which is understandable given the age they married/hadn’t built up any assets together/didn’t hold any joint assets.

My uncle died aged 85 (so ten years after he married), the Will duly read, estate left to his children with some cash to wife.

So far, so expected. But, wife has now put in claim under Inheritance Act for whole estate. Although she’s richer than my uncle, she says via her solicitor that she needs more money for hobbies etc.

Cousins have panicked and got a specialist solicitor involved and the whole thing seems to be snowballing in terms of costs and they’ve been told they ‘must’ mediate, which of course costs a fortune, never mind the emotional toll.

A brief read online tells me she’s not entitled to anything as she’s financially independent, her home isn’t affected and she has more than the estate, but this doesn’t seem to have stopped the claim - or the costly letters.

They’re at the point where legal fees could outstrip a huge amount of the estate, and they feel cornered by something that’s not their fault or decision, plus compelled to respond to the letters from her solicitor as they don't think they can do nothing.

The worry is it will go to court and even if she doesn’t win anything, they’ll be paying fees, possibly out of their own pocket. Or they accept they’re being held to ransom and give up, even though it’s not what their dad wanted.

Advice? It seems The Will is not The Will in these cases.

OP posts:
Sniffypete · 22/10/2022 23:06

@Bigbadfish unfortunately, true. A new will needs to be made after the marriage.

Op, as your uncles will was made after, then his widow doesn't really have much of a leg to stand on.

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