Making reasonable provision for spouse


(Gervase Harson) #1

Client is on her second marriage (approx 10 years) and has 3 adult children from her first marriage.

Second husband is an alcoholic and left the home about 6 years ago and client is paying his living costs of around £8k per year. He has no assets, but has children from his first marriage and a sharp elbowed ex wife.

Assets consist of her house in London (about £1.8m) and a second property (about £200K)

Existing will provides a life interest of £250k for him with powers to advance capital, independent trustees and a non-contest/forfeiture clause.

Client would prefer most of her assets to pass to her children right away and believes the provision of capital or a large income would do him more harm than good but is anxious to provide just enough to deter an Inheritance Act claim. I do not deal with contentious matters and so would appreciate to learn what might be deemed as reasonable in the circumstances.

Gervase Harson
Ferns Solicitors