Analysis
The claimant was the 50-year-old widow of the deceased. She brought a claim for reasonable financial provision to be made for her from the estate of her late husband, Ian Wooldridge.
The first, second and third defendants were the executors of the estate and adopted a neutral stance. The fourth defendant was the deceased’s 28-year-old son from a previous marriage, and the fifth defendant was the deceased’s 12-year-old son.
There was some dispute over the value of the estate and the claimant’s entitlement under the deceased’s homemade last will, but at trial the court proceeded on the basis that the net estate was worth £6.8m, and the claimant’s claim was valued at £5.88m. The claimant already had assets of £10.5m.
The fourth and fifth defendants opposed the claim, on the basis that the claimant’s claim did not reflect her actual needs and that she already had sufficient assets with which to support herself and the fifth defendant.
Held:
The claim was dismissed. The claimant already had significant assets and earning potential, and making further provision for her would require disposing of assets which would have an adverse effect on the deceased’s children.
Obiter:
Insofar as the claimant sought to establish that she had a lifestyle which was funded by monies that were tainted by illegality, then her claim would be bound to fail. Such a claim offends public policy and is not one which the court will sanction.
JUDGMENT HHJ WALDEN-SMITH: Introduction [1] This is a claim brought pursuant to the provisions of the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act) by the deceased’s wife, Thandi Stratford Wooldridge (Thandi). She brought this claim on 20 August 2012. She contends that the deceased’s Will fails to make reasonable financial provision …Continue reading "Wooldridge v Wooldridge & ors [2021] WTLR 755"