News in brief
Wedding ceremony fails to stop a former wife from inheriting
A woman whose husband died a few hours after their wedding ceremony has failed to stop his former wife inheriting a large chunk of his estate. Three Court of Appeal judges ruled that Owen Soulsbury’s promise of £100,000 to his former wife, Elizabeth, must be honoured by his widow, Kathleen.
Elizabeth married Mr Soulsbury in 1966 and they had three children. After the marriage broke down in 1986, the husband was ordered to pay periodical payments to his former wife of £12,000 a year plus £2,400 a year maintenance for the younger children.
In 1993, Elizabeth agreed to her former husband’s suggestion that he should cease paying maintenance in return for him leaving her £100,000 on his death. He married Kathleen on October 10, 2000 at Charing Cross Hospital in London, where he was being treated for leukaemia, and died that evening.
The widow then refused to pay the legacy to the first wife, saying the agreement was unenforceable. She said her marriage had the effect of invalidating her husband’s Will which left the money to Elizabeth.
The appeal judges said Elizabeth could have taken her former husband, who received £565,000 in 1988, to court at any time to recover the unpaid maintenance but chose not to.
Lord Justice Ward said: “Where the promisee has honoured her bargain, the deceased would remain bound to honour his. If he failed to provide payment for her on his death, her right to that payment became enforceable by a direct right of action for breach of contract against his estate.”
He said the husband and his former wife had reached a “perfectly valid agreement” and dismissed the widow’s appeal.
Need more information?
Please email or contact us with your enquiry.
 |
This article is for your general information and use only and is not intended to address your particular requirements. This article is based on our understanding as at the 11 October 2007. The content of the article should not be relied upon in its entirety. Although endeavours have been made to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No individual or company should act upon such information without appropriate professional advice after a thorough examination of their particular situation. Any references made to the Pre-Budget Report may be subject to the Finance Bill becoming law. |