CASE
G & Y married for 28 years, 2 children, G works away from home, for the past 3 years G works away from home and leads a separate life from Y coming home occassionally to see the children, and Y. G continues to contribute to the household. After 3 years Y is informed by G that he has terminal cancer and has been living with another woman Z.
G and Z are apparently very happy, and have a shared home, been on holiday, have mutual friends,joint bank accounts - all that a couple of 3 years have.
G stays with Z and battles cancer, eventually passing away, Y finds out that G has severed the tenancy on their family home, shutdown their mutual accounts and spent the money (joint savings totalling £40K)
When G dies, Z and his family arrange a funeral, Y and the 2 children are not informed or invited but attend anyway.
G's will state that 1 of the children recieve 1/2 of his estate and Z recieves the rest - the main bulk of the estate is the family home. So Y owns 1/2, 1 child owns 1/4 and Z owns another 1/4. Z would like her 1/4 share of the property. Y does not want to sell up or give Z her 1/4 share due to Z hving spent the savings with G.
If you were the magistrate in who's favour would you rule or what would you set down as the result of this case, or as a lawyer what would you advise your client?