Is a Larke vs Nugus worth the £1500 + VAT if not contesting the contents of the will??

Zimara25

TBagpuss said:

Because your younger child is under 18 I think the only way you can address this is an Inheritance Act claim - my understanding is that one of the things they would look at in considering whether your husband had made reasonable provision in the will would be what you might have expected to receive in a divorce. After a long marriage, and with dependent children, the starting point would have been 50/50 including a share of any pensions, and that would then have been adjusted to take into account any differences in your respective names and earning capacities, where the children would live with.

I suspect that if you end up not receiving the pensions then a court might well consider it reasonable for you to have more than 50% of the house .

Because your younger child is only 14,the executors / trustees would not have the power to agree to give up any part of the their inheritance on their behalf , although if an agreement could be reached then an agreed order could be sibmitted to the court .

While legal proceedings are expensive they are likely to be the only way forward. As your elder child is 18 they are an adult and the executors / trustees would be expected to consider their views.

IS there any chance of you being able to remortgage now and move? If so, would looking at offering to buy out the trust be an option? If you were pursuing an I.A. claim then a life interest is onw possibility, but another might be or you to pay a (perhaps smaller) lump sum to the trust or them to invest for the beneficiaries, and for you to then own the property outright / with a mortgage

it would also be sensible for you to contact the pension, make clear that you are his widow, that there is no final divorce or financial order and that you will struggle to meet the needs of the children if the pension is not paid to you. IF you do then receive  lump sum or ongoing survivor's pension that that would be relevant to your mortgage capacity and income needs. 

Don't leave it at his executors having asked them mnot to pay, contact them directly and request that they do pay you as his widow, and if necessary, ask your older child if they are willing to call as well and support that request. 

Unfortunately, I think this is situation where not getting, and paying for, proper legal advice is a false economy,.

I have come to realise this now with help of yours and others responses. Thank you.