Husband given the right to challenge his former mother in law's Will

Earlier this month the court of appeal confirmed a husband could challenge his former mother in law’s will.

Mr and Mrs Randall were divorced in 2006, they were not wealthy but it was acknowledged that Mrs Randall would receive an inheritance from her mother. In their divorce settlement they therefore agreed Mrs Randall would keep the first £100,000 of any inheritance and anything over that would be shared with Mr Randall.

Mrs Randall’s mother died in 2013 and in her Will, perhaps unsurprisingly, left exactly £100,000 to her daughter. The remainder of her estate was left to Mrs Randall’s children. Mr Randall has now brought a case seeking to challenge the Will and the Court of Appeal has given permission for this case to be heard. It now remains to be determined whether his challenge will be successful.

This case is highly unusual because in most divorce settlements inheritances, unless they are imminent, are generally not taken into account. The reason for this is it is recognised that the person leaving the money may ultimately change their Will or as is now increasingly likely, the funds may be required for care costs.

This case highlights the importance of careful consideration of the terms of a financial settlement upon divorce. Mr Randall now faces a lengthy court battle to obtain the funds he believes he was entitled to as part of his divorce settlement and Mrs Randall as her mother’s executrix has to defend those claims 10 years after she believed her divorce settlement was concluded.

The family law experts at George Green are specialists in negotiating financial settlements upon divorce and drafting final orders to give effect to the agreements reached.

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