An interesting case which sets out that where a will is made to defeat a claim in matrimonial proceedings, there may be grounds for setting the will aside. It seems that you cannot just leave your estate to whomsoever you wish where there are ongoing matrimonial proceedings even where those proceedings are not your own!
As part of their divorce settlement, the parties agreed that the ex-wife would keep the first £100,000 of any inheritance from her mother and the balance over that amount would be split equally between them. The mother left exactly £100,000 to the ex-wife with the remaining £150,000 going to the ex-wife's children. The ex-husband brought a probate claim to challenge the validity of the ex-wife's mother's will, alleging that it was not duly executed in accordance with the provisions of section 9 of the Wills Act 1837. The Deputy Master decided that H had no sufficient interest in the will and therefore had no standing to bring the claim. The ex-husband's appeal against that decision was allowed.
