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Probate disputes case studies – My husband’s Will doesn’t reflect our joint assets

The deceased and his wife had worked hard all their lives in a business venture together contributing equally and bought lots of properties and owned a large amount of savings. For convenience everything was put into the husband’s name.

On his death, he gave 50% of his assets to his wife and 25% to two other relatives. His wife argued that 50% of the assets that they had built up together should be owned by her in any event.

Settlement was reached on the basis that the Court found that some of the assets had indeed been joint assets although they were in the name of the deceased and therefore his wife should have 50% of them in any event and the Will would only operate on the 50% that he owned.

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