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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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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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