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
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.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
While a request for a divorce may come as a shock, most people come to the realisation that if their spouse considers that the marriage is over then, perhaps after attending marriage counselling, there is no point fighting the inevitable.
There is no question that Mr and Mrs Owens are both unhappy with their current position, and the Court of Appeal judges were equally unhappy with the current legal position. The question is what should be done.
The highly unusual decision in the recent case of Owens v Owens, has served as a reminder of the Respondent's right to defend a Petition for divorce, and the Court's power to reject a Petition based on unreasonable behaviour...
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).