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Hollywood swordsman estate loses legal battle with widow

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Andrew Flagg, dispute resolution partner at Stephen Rimmer LLP has delivered another successful outcome for his client after her husband failed to leave her adequate provision in his will.

 

Andrew represented (with instructed counsel Julian Reed of Pump Court Chambers) his client in her claim for reasonable financial provision from the Estate of her late husband, after he left her only around £1,000 in household items in his will. The case was heard at the High Court (family division) in June 2022.

 

Her husband, an Olympic fencer and James Bond body double had agreed with his wife that his estate would be split 50 /50 between herself and his children. HIs will, however, failed to make adequate provision, and given that the properties owned by the couple were held solely in the deceased’ name, this left his widow with only around £1,000.

 

The court found that reasonable provision had not been made, especially as Andrew’s client had given up her career to care for her husband prior to his death from motor-neurone disease and had always previously paid half of the mortgage.

 

The claim was challenged by the client’s stepson, who wanted access to his father’s funds immediately due to his own financial problems rather than waiting for the family home to be sold in a few years’ time (once the youngest of the children finished their schooling).

We were able to secure a financial provision of £800,000 for our client and her debt to the Estate for half of the mortgage repayment was extinguished. The children will receive their share of the estate in three years’ time, after the properties are sold.

 

Andrew Flagg is an experienced dispute resolution partner, advising both individuals and businesses in a variety of matters, including debt recovery, inheritance and contractual disputes, property litigation, landlord and tenant disputes and TOLATA claims and can be contacted on andrew.flagg@stephenrimmer.com

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