The Court of Appeal has allowed a man to challenge his late mother in law’s Will, despite the fact that he is now divorced from her daughter.
Randall v Randall
The separation agreement between Mr and Mrs Randall had been that Mr Randall would receive half of anything bequeathed to Mrs Randall by her mother over £100,000. However, upon the mother in law’s death, only £100,000 was left to Mrs Randall and the rest to her children, which meant the husband was to receive nothing.
The Court has allowed Mr Randall the right to challenge the Will.
Comment
This case serves to remind us that inheritance can be a factor considered by the Court when a couple is going through divorce proceedings and seeking to divide their financial assets. It also highlights the importance of seeking legal advice before or after separation.
Inheritance payments could potentially be protected and excluded from a divorce but it is always best to seek specialist advice.
Nelsons can offer a specialist service by combining our expertise in both financial settlements on divorce and our Will drafting services.
How Nelsons Can Help
If you need advice on separation or any other family related matter, please contact our Family Law team and they will be happy to discuss your circumstances in more detail and give you more information about the services that we can provide.
The team can be contacted on 0800 024 1976 or via our online form.