A widow has been granted a share of her family home and all of her husband’s estate despite a legal challenge by her stepson.

The woman had been married to her husband for 22 years when he died.

Her husband, who had a son by a previous marriage, left her £8,000 in his will and a right to occupy the matrimonial home rent free. That right was subject to her maintaining the property in good repair.

However, although she was allowed to live in the house for the rest of her life, it was left to the son along with the rest of the estate, which was worth £28,000.

The house was poorly maintained and required repairs which would cost over £30,000.

A dispute arose about the terms of the will which was eventually settled in court.

The judge decided that in addition to being able to occupy the property for life, the widow should also be granted half the proceeds of any sale, and she should also be given the rest of her husband’s estate.

The stepson would have to pay half the cost of insuring the house and half the cost of carrying out the repairs.

He appealed saying it was unreasonable to split the limited resources of the estate in this way.

However, the Court of Appeal ruled against him. It held that the judge had not been wrong in trying to make reasonable financial provision for the wife. The fact that the estate was relatively small meant it was difficult to do this and give a larger share to the stepson as well.

It had been a long marriage and it was appropriate that the wife should have a capital share in the matrimonial home.

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