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30 November 2012 / Alec Samuels
Issue: 7540 / Categories: Features , Wills & Probate
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Second hand

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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Ellisons—Sarah Osborne

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Leasehold enfranchisement specialist joins residential property team

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DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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