Partner at Hugh James solicitors, Matthew Evans, recently enjoyed a successful case in which a favourable decision for our client in Cardiff County Court was upheld in the Court of Appeal.
Mrs Mussarat Iqbal was widowed after 22 years of marriage. Following her husband's death she discovered that, under the terms of her husband's will, she was left just £8000 and a right to live in the matrimonial home. That home, however, was valued at £115,000 and required extensive repairs worth over £30,000 which she simply could not meet. There was, therefore, the very real possibility that she may not be able to carry on living in her home.
The remainder of her husband's estate was left to his son from an earlier marriage.
The court heard that Mrs Iqbal, 61, was totally dependent on her husband prior to his death. She speaks limited English and effectively lived on state support and the £5 a week paid to her by her husband as pocket money.
Upon an application by virtue of the Inheritance (Provision for Family and Dependants) Act 1975, the Court agreed with the case brought by our team on Mrs Iqbal's behalf that she had not received 'reasonable financial provision'. As such, the court effectively rewrote Mrs Iqbal's husband's will to ensure to the effect that she now owns half of the property and has the right to stay in her home for life. She is also entitled to her husband's residuary estate, which is valued at around £28,000.
The outcome ensures that Mrs Iqbal has far more financial security in her later years and demonstrates the court's willingness to intervene if it feels that reasonable provision has not been made for an individual.
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