UK:
Avoid Intestacy, Make A Will!
19 October 2018
Hewitsons LLP
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The High Court has rejected a claim by Mrs Bhusate, that she is
the sole beneficial owner of a London house occupied with the
deceased until his death in 1990.
The deceased died without a Will (intestate) in 1990 and his
children argued that his current wife was not entitled to claim
sole beneficial ownership of his London house, which was still
registered in his sole name. The deceased's children claimed
Mrs Bhusate was only entitled to her statutory legacy under
intestacy, which was much less valuable. And would mean her leaving
the matrimonial home.
The Court rejected Mrs Bhusate's claim because the intestacy
rules did not allow a claim to the house. However, the Court agreed
to use their power to extend the usual time limit for bringing a
claim under the Inheritance (Provision for Family and Dependants)
Act , so there is still a chance for the widow - and a lot more
expensive litigation to follow.
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.
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