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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 the law by Briggs J. The “short marriage big money” case

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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