A man passed away three months ago, and he left his entire large estate to a charity. However, his wife is making a claim against his estate under the Inheritance (Provision for Family and Dependants) Act 1975. She is 44 years old, physically fit and has a full-time job and substantial savings that allow her to cover her expenses without any difficulties. The couple was married for 12 years and has two young children whom the wife is still taking care of.
Is the man's wife likely to be awarded a substantial sum in her claim?
A man passed away three months ago, and he left his entire large estate to a charity. However, his wife is making a claim against his estate under the Inheritance (Provision for Family and Dependants) Act 1975. She is 44 years old, physically fit and has a full-time job and substantial savings that allow her to cover her expenses without any difficulties. The couple was married for 12 years and has two young children whom the wife is still taking care of.
Is the man's wife likely to be awarded a substantial sum in her claim?
Yes, even though she is able to maintain herself.
(B) The man's wife is likely to receive a substantial sum from the estate, even though she is able to support herself. When a claim is made under the Inheritance (Provision for Family and Dependants) Act 1975, the court will assess whether the will or intestacy has failed to provide reasonable financial support for the applicant. In the case of spouses, the court will consider what financial support would be reasonable in all circumstances, regardless of whether it is necessary for maintenance. Therefore, the fact that the wife is working has savings and can meet her expenses will not be a decisive factor.
In making the decision, the court will take into account various factors such as the spouse's age, duration of the marriage, contribution to the welfare of the children, and what provision the spouse might have expected in case of divorce. All of these factors suggest that the wife is likely to receive a significant portion of the estate. Additionally, the size of the estate is also likely to result in a substantial sum being awarded to the wife.
(A) and (C) are incorrect because the wife's savings and employment status will not prevent her from receiving a substantial sum, as explained above. (D) is incorrect because the fact that the wife is not disabled will not prevent her from receiving a large sum, as the focus is not on her need for maintenance. (E) is incorrect because while childcare costs are relevant, they are not the primary factor that will result in a substantial sum being awarded. The court will assess what financial provision for the spouse would be reasonable in all circumstances, not just what the spouse might need for maintenance.