Stepmother wins court battle with children for inheritance
Posted: Friday 9 December 2011
The story of three daughters who lost their High Court battle against their stepmother (who married their father three days before he died) was recently reported in The Telegraph. The story explores how the millionaire businessman George Wharton's three daughters lost out on a share of his £4 million fortune after his deathbed marriage to his former mistress.
You can read the reported story here.
This emphasises that, upon death, family circumstances and can affect people not just emotionally, but financially – the legal implications can be complex and far-reaching.
The law in Scotland and England is different. Divorce expert Leonard Mair comments: "this is an English case, however it yet again demonstrates the need to properly understand that a marriage (or Civil Partnership) is a legal contract, binding in civil law, and carries with it legal rights and obligations on both sides. Cohabitants have different (and significantly lesser) rights. It also underlines the need for anyone in the UK getting married, entering a Civil Partnership, cohabiting with a permanent partner, or ending any of such relationships, to consider reviewing their Will. When doing so they should also review the terms of the death benefits of any pension arrangement and life policies."
If you would like expert advice on your circumstances, whether in Scotland or England, the team at Morton Fraser have dual-qualified lawyers who can advise you.
You can speak to Leonard directly by contacting him on 0131 247 1022 or leonard.mair@morton-fraser.com
You can read more about our team here
