Dependency act claim on estate query

Confusedandconfuzzled

Brief description of my query:
My DFiL passed in August last year. His will was written very clearly, in that all money - up to iht limit- was split equally between my DH and his sister.
Any residual estate went to his wife.
His wife has the right to live in their house for the rest of her life and then the house is split via a discretionary trust between DH, his sister and DFiL wife's 3 children.
His wife has his pension (approx 15k per year), her own work pension of approx 10k as well as state pensions and any monies in held in joint accounts. (Again approx 20 - 25k)
This means she has an income of about 30k per annum.

FiLs money was split in the will this way because the bulk of his money was inherited from DMiL when she died 20years ago.
Basically DH and his sister will receive about 180k each, but there is no additional residual estate.

FiLs wife has now put in a claim through the 1975 dependency act requesting £75k of the money on top of the pensions and a rent free house for life stating the will has not provided adequately for her.

She and my FIL married 5 years ago but bought the house and lived together 7 years before they married ,the house was bought from the joint sale of their respective properties. She brought no other finances to the marriage.
I guess what I'm asking is does she have a case to get this money or is it worth DH and his sister challenging to enable them to inherit what is basically their late mums legacy?
Thanks in advance and apologies that it was a longer query than I first thought!!

Yorkshireman99

Confusedandconfuzzled wrote: »

Brief description of my query:
My DFiL passed in August last year. His will was written very clearly, in that all money - up to iht limit- was split equally between my DH and his sister.
Any residual estate went to his wife.
His wife has the right to live in their house for the rest of her life and then the house is split via a discretionary trust between DH, his sister and DFiL wife's 3 children.
His wife has his pension (approx 15k per year), her own work pension of approx 10k as well as state pensions and any monies in held in joint accounts. (Again approx 20 - 25k)
This means she has an income of about 30k per annum.

FiLs money was split in the will this way because the bulk of his money was inherited from DMiL when she died 20years ago.
Basically DH and his sister will receive about 180k each, but there is no additional residual estate.

FiLs wife has now put in a claim through the 1975 dependency act requesting £75k of the money on top of the pensions and a rent free house for life stating the will has not provided adequately for her.

She and my FIL married 5 years ago but bought the house and lived together 7 years before they married ,the house was bought from the joint sale of their respective properties. She brought no other finances to the marriage.
I guess what I'm asking is does she have a case to get this money or is it worth DH and his sister challenging to enable them to inherit what is basically their late mums legacy?
Thanks in advance and apologies that it was a longer query than I first thought!!

Professional legal advice obviously urgently needed. Having said that she is going to have a very uphill struggle to prove her case since she already has a life interest in the house and over £30K a year in income.

Confusedandconfuzzled

Thanks for the very quick reply.We have an appointment with our solicitor booked for next week.

Keep_pedalling

I think it unlikely she would win, so yes they should defend this action.

Just one point of clarification, when you say he left the house, I presume you meant he left his half of the house, as presumable she owns the other half outright as it was a joint purchase.

TBagpuss

How does her income now compare with the joint income they had when her husband was alive?
Does she have savings etc to cover expenses such as maintenance of the house.
I'm not an expect in this area but I think that in considering questions of what is reasonable, looking at the standard of living previously enjoyed is likely to be relevant.

Mojisola

Confusedandconfuzzled wrote: »

She and my FIL married 5 years ago but bought the house and lived together 7 years before they married ,the house was bought from the joint sale of their respective properties.

How was the house owned - joint tenants or tenants in common?

Confusedandconfuzzled

Yes my FIL's half of the property is left in a lifetime gift trust to my husband and his sister. The trust was set up when my FIL and his wife married. Her half is in trust for her kids. I believe this means they were tenants in common

Confusedandconfuzzled

Her income will obviously be reduced now her husband has passed. She will be receiving half of his work pension and will obviously have lost his state pension. She does have her own savings account but I am led to believe it has minimal funds, of less than 10k, in. She does have about 20k from the joint account.She has her own work pension

Confusedandconfuzzled

I should also explain that as Mil left her estate in its entirety to FIL when she died. This means his inheritance tax threshold was 650k. The probate solicitor reduced this by 200k due to the value of the trust (house worth 400k) which was gifted less than 7 years before FIL death.
The rest of the estate totalled 390k after bills, hence the iht threshold stipulated in the will was not exceeded hence second wife receiving nil from the residuary estate

Yorkshireman99

Confusedandconfuzzled wrote: »

Yes my FIL's half of the property is left in a lifetime gift trust to my husband and his sister. The trust was set up when my FIL and his wife married. Her half is in trust for her kids. I believe this means they were tenants in common

You cannot assume the TIC and need to check the facts.

Confusedandconfuzzled

Thanks Yorkshire man, I will be sure to check the trust wording. Husband is pretty sure that it is tenants in common.