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Court of Appeal dismisses appeal by son over step-mother’s entitlement under a Will
Monday 3rd October 2011
 

In Iqbal v. Ahmed, the deceased died leaving a relatively small estate. He was survived by his wife of over 20 years, Mrs Iqbal, and his son from a previous marriage, Mr Ahmed. Under the Will, Mrs Iqbal was given a right to occupy the family home for the rest of her life, subject to her paying the costs of repairs, insurance and other outgoings. Everything else was left to his son. The property was in a bad state of repair and needed £30,000 spending on it, which Mrs Iqbal did not have.

Mrs Iqbal challenged the Will and said that it did not make reasonable financial provision for her, and the trial judge agreed. The judge ruled that she should be given half the house together with all the cash in the estate and that the son should pay half the costs of insurance and the structural repairs to the property. The son appealed this but the Court of Appeal unanimously dismissed his appeal.

Appeals against provision made in Wills or in cases where someone dies without leaving a Will are becoming more common.

Further reading:
http://www.berwin.co.uk


Published by Ruchita for Berwins Solicitors

2 North Park Road
Harrogate
North Yorkshire
HG1 5PA
England
Phone: 01423 509 000
Fax: 01423 503 213
Web:http://www.berwin.co.uk
 
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