Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Life interest vs statutory share case law request?

Life interest vs statutory share case law request?

Postby Pixie Chief » Tue Jul 12, 2016 7:56 am

Hi All,

I'm looking for relevant case law on the topic above and am struggling to find anything. The bare circumstances are these:

A farmer dies leaving a wife, 2 sons and 2 executors. He leaves everything to his wife for her life and then to whichever or both of his sons she appoints. The wife does not want the estate probated but obtains financial benefits by claiming her life interest from agricultural departments, revenue etc without the knowledge or consent of the executors. 2 years after the death of the testator, one of the sons dies and a further 2 years after that, the executors are persuaded to renounce on the basis that she is claiming her life interest. 4 years after that, (in total 8 years after the death of the testator) she probates the estate and claims her third share despite having received the financial benefits of ownership of the entire estate for 8 years (approx £20,000 - £25,000 annually). She probates the estate in such a way that she continues to receive the benefits of full ownership for the next five years until she passes away.

I'm looking for case law which indicates the conditions by which a spouse is deemed to have accepted their share under the will as opposed to statutory rights in cases where no probate was sought. All suggestions very gratefully received....
Pixie Chief
 
Posts: 2
Joined: Tue Jul 12, 2016 6:22 am

Re: Life interest vs statutory share case law request?

Postby dls » Tue Jul 12, 2016 10:17 am

Is this UK? The language is possibly strange.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 11929
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: Life interest vs statutory share case law request?

Postby Pixie Chief » Tue Jul 12, 2016 10:33 am

It's a combination of both UK and Irish law however the farm in question is in Ireland. However, so much precedent in Ireland comes form UK and I'm aware that there is a similar choice for spouses in the UK with regard to the moveable estate - in that they can choose a bequest in the will or a third/half if there is no issue. Are you aware of any case law in the UK where a spouse effectively choose not to probate and benefited from the will bequest and then some time later decided to take that third share of the moveable estate?
Pixie Chief
 
Posts: 2
Joined: Tue Jul 12, 2016 6:22 am

Re: Life interest vs statutory share case law request?

Postby dls » Tue Jul 12, 2016 3:04 pm

I'm aware that there is a similar choice for spouses in the UK with regard to the moveable estate - in that they can choose a bequest in the will or a third/half if there is no issue.


Is there? I await a better education.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 11929
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: Life interest vs statutory share case law request?

Postby atticus » Tue Jul 12, 2016 3:43 pm

Irish law applies, and an Irish lawyer should be consulted.
User avatar
atticus
 
Posts: 19036
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W


Return to Wills and Probate

Who is online

Users browsing this forum: No registered users and 1 guest