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Second hand

30 November 2012 / Alec Samuels
Issue: 7540 / Categories: Features , Wills & Probate
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Alec Samuels examines the trials & tribulations of the second wife

The situation is quite common. The husband (H) has died leaving W, his second wife, a widow. H had had children by his first wife. H remarried W, who may have been single, divorced or widowed. She is much younger than H. H was wealthy. H left his money, or most of it, to his children, her stepchildren. W seeks reasonable financial provision from the estate. Hopefully the parties can settle the dispute. Litigation costs will eat into the estate. Litigation is a game for the wealthy.

Judicial discretion

Much will turn on the facts and the exercise of his very wide discretion by the judge. Case law can be prayed in aid, but is most useful as a source of principle to be urged upon the judge in submission rather than cited to him at length. The latest review is to be found in Lilleyman v Lilleyman [2012] EWHC 821 (Ch), [2012] All ER (D) 105(Apr), in a very clear exposition of

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