header-logo header-logo

Second hand

30 November 2012 / Alec Samuels
Issue: 7540 / Categories: Features , Wills & Probate
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors examine recent international relocation cases where allegations of domestic abuse shaped outcomes
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
back-to-top-scroll