Go to Top

Delay means widow cannot challenge her late husband’s will

Delay means widow cannot challenge her late husband’s will

The law allows you to seek a greater share from a deceased person’s will if you feel you haven’t been properly provided for or if some error has occurred.

The claim usually has to take place within a six-month time limit; otherwise it may be rejected, as happened in a recent case that went to the Court of Appeal.

It involved a woman whose husband died in 2005. They had been together for 36 years. The husband had two sons from a previous marriage. His will provided his wife with specific gifts and said that the sons also had the power to provide for her from the estate.

The wife wasn’t happy with the amounts paid to her by the sons. She discussed the matter with her accountants in 2005 but did not begin legal proceedings until 2011, six years after the expiry of the six-month time limit.

The judge at the first hearing found that it was clearly the husband’s intention that she should receive a substantial income from the estate, but her claim could not be granted because she had not acted promptly enough.

The Court of Appeal upheld that decision. It pointed out that if the couple had been divorced on the day the husband died, it was quite likely that the wife would have been granted half the assets within the estate, given the length of the marriage.

It was therefore arguable that she had a good case for a better financial provision from the will.

However, there were no exceptional circumstances that could justify the delay in making a claim. Her complaint that she was not receiving enough for her needs was apparent from the outset but she had done nothing about it.

Therefore, she could not be allowed to make a claim six years after the expiry of the time limit.

Please contact us if you would like more information about wills and probate.