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Probate disputes case studies – How do I contest a Will to access funds?

The deceased and his wife had divorced acrimoniously and they had two children. The deceased then remarried and he and his second wife moved into a new property held in his name.

On his death he gave a life interest to his second wife in the property with all of his assets to go to his children on her death. The second wife brought a claim stating that she did not consider that this was adequate provision for her since she would not have any access to any of the deceased’s assets to provide for maintenance for the property or any other provision for her. She also did not wish to continue living at the property.

Eventually it was agreed to give her a lump sum, to compensate her for the fact that she would no longer be living at the property and also a further lump sum from the deceased’s savings. From that she was able to then start a new life. The children of the deceased also received their inheritance soon after the deceased’s death and did not have to wait until the second wife had also died.

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