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LIVE 24-SEVEN


JORDANS SOLICITORS SPECIALISTS IN FAMILY L AW


Barbara Jordan, of Jordans Solicitors, answers a question posed regarding divorce settlements following a death.


QUESTION: I wonder if you could help me please?


To my enormous shock, my son of 56 has recently committed suicide a few days after finalising his divorce settlement with his former wife. His premature death has come as a dreadful shock to all of us as it was entirely unexpected. Obviously, I know that my son was distressed with the ending of his marriage, but I know that final agreement had been reached and had gone before a Judge and I thought that my son was content with the result.


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Of the money that my son was to receive by way of financial settlement, he had promised to give me a considerable amount for my own future housing needs, and possibly even my care needs in the future, but now that he has died I understand that his former wife is applying to the Court to have that order set aside on the basis that I can be housed at my daughter-in-law’s expense and then any property that I live in revert to her. I am not happy about this because I may not be able to stay in my own house until my death and I know that my son was going to help with care costs and the agreement he came to with his wife at the end of the day reflected this.


Is there anything that I can do? ANSWER:


I think you will need to make representations to the Court as and when your daughter-in-law attempts to re-open proceedings.


If it is the case that your son’s settlement was based on his desire to support you and/or an agreement by his former wife that this was an appropriate use of money, then I think your daughter- in-law’s application could fail.


A similar situation occurred in relation to a family that took their case to the Royal Courts of Justice in 2015 and the Judge, in that instance, decided that the needs of the elderly mother of a deceased son were to be taken into account as the needs of the son himself and the Court, in that instance, refused to overturn an earlier settlement order.


Every case is, of course, dependant upon its own facts, but on the information you have given me I think that your daughter-in-law will have some difficulty in succeeding.


Barbara Jordan


Jordans Solicitors, the Studio, Lydbrook, Gloucester GL17 9SB and 4 Royal Crescent, Cheltenham, Gloucester GL50 3DA Tel: 01242 386700 www.jordans.legal


LIVE24-SEVEN.COM


BUS INE S S JORDANS SOL ICI TORS


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