Whilst one Inheritance (Provision for Family and Dependants) Act 1975 (‘1975 Act’) case has dominated the headlines (Ilott v The Blue Cross [2017] UKSC 17) there has been another recent decision that should not be overlooked, Martin v Williams [2017] EWHC 491 (Ch).
The facts of Martin v Williams are a salutary lesson in why one should keep their Will up to date. Mrs Joy Williams had lived with her partner Norman Martin for 18 years following a split from his wife Maureen. However, despite the breakdown in the relationship between Mr and Mrs Martin they never divorced and Mr Martin never updated his Will which left his estate to Mrs Martin. This meant that, because Mr Martin and Mrs Williams had shared a property, 20 Coburg Road, Dorchester, as tenants in common, Mr Martin’s half share of 20 Coburg Road passed under his Will to his wife, rather than Mrs Williams.
To view the full article, first published in ePrivateclient on 28 April 2017, please click here.