We acted for A and B, the two adult children of the Deceased. The Deceased had died intestate and his widow (second wife) claimed that the provision which fell to her on intestacy was insufficient to provide for her and she brought a claim for further financial provision pursuant to the Inheritance (Provision for Family & Dependants) Act 1975.

Our clients conceded that the wife was entitled to "reasonable" financial provision and made various offers to settle that they considered would remedy that. We advised our clients that what the wife would have received on a notional divorce was a relevant factor to take into account, but that it was also relevant that the evidence showed that she had brought very few assets into the marriage, had apparently exaggerated the standard of living enjoyed during the marriage and had made substantial gifts to her own children out of marital assets.

Ultimately, after negotiations, the matter settled on a clean break basis with the wife receiving a capitalised sum slightly in excess of her intestacy entitlement.