Widow fails in dual challenge to husband's will
30 January 2012
The England & Wales High Court has
declined to overturn the will of the late Thomas Joseph Smith on
grounds of mental incapacity.
The deceased's estranged wife Olga had claimed
a terminal brain tumour had caused him to exhibit strange
behaviour. This included not only sexual aberration, but also the
execution of a will that disinherited her in favour of his
immediate family.
That will was made in 2005, two years after
the couple had separated, and four years before Mr. Smith's death
in 2009 at the age of 70. It divided his GBP575,000 estate among
his two brothers, three nieces and one nephew.
But Olga Smith told the High Court that her
husband - who was older than her by eleven years - had promised to
leave her his estate, including the matrimonial home in South
London. She also claimed to have continued her relationship with
Mr. Smith after their separation, even though she returned to her
native Russia in 2003 and stayed there for six years.
Moreover, as the Smiths had never divorced,
Olga was able to bring a simultaneous claim against the estate for
reasonable provision under the Inheritance (Provision for Family
and Dependants) Act 1975.
The family's counsel John Smart TEP told
the court that Olga Smith's allegations about her late husband's
aberrant behaviour were not relevant, as the law does not require a
testator to have had a "perfectly balanced" mind when making a
valid will, only that he understands what he is doing and its
implications.
The judge, Asplin J, agreed, noting that Mr.
Smith's solicitor had testified that he had shown no sign of loss
of memory or confusion when executing the will; and that the will
was "entirely reasonable on its face".
The court also rejected Olga Smith's
reasonable provision claim for GBP25,000 under the 1975 Act, on the
basis that the marriage was effectively over by the time of Mr.
Smith's death.
According to the Mail on Sunday, the judge
further awarded GBP80,000 legal costs against Mrs Smith. An earlier
interim hearing had decided that she had not given the court full
disclosure of her means.
Sources
Mail on Sunday
BAILII
(Interim relief hearing July 2011)