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....