Are relatives related only by marriage included in a will?

The recent case of Re the Estate of Peter Henry Wales [2020] EWHC 1979 (Ch) involved a claim brought by the executors of a will. A key provision of the will left the deceased’s residuary estate to “all of my nephew’s and niece’s children”. At the date of his death, the deceased had two blood nephews and two blood nieces. He also had three nephews by marriage and one niece by marriage.

An issue of construction of the will arose and the court was required to decide whether the will included nephews and nieces related by marriage or was limited to blood relatives. 

The court held that the will did cover nephews and nieces related by marriage, by taking into account the circumstances surrounding the creation of the will. In particular, it took into account the fact that the deceased kept in contact with his nephews and nieces related by marriage only, and that there was no evidence to suggest he would want these people excluded from his estate. The deceased had been in a long marriage which lasted 46 years until his wife died and her estate passed to him. The court also took into account the deceased’s previous will, which specifically included those nephews and nieces related by marriage only. 

Where there is a dispute regarding the terms of a will, the court will take into account the circumstances surrounding its creation. 

If you would like information about disputing a will, probate disputes or inheritance disputes, please call 01902 424927 and ask to speak to one of our specialist contentious probate lawyers. Alternatively, please e-mail us at contentiousprobate@georgegreen.co.uk providing a brief summary of the issues you wish to discuss with us, along with your contact details.

We have a dedicated practice team of contentious probate solicitors, covering all areas of the UK (with offices near Birmingham and in Wolverhampton) who are experienced in dealing with all types of contentious probate matters, including challenging a will and estate disputes.

We also have a team of probate lawyers who can assist if you wish to review you current will or to make a will for the first time.

We offer a free initial free telephone consultation for contentious probate disputes and we can sometimes act for clients who want to contest a will or commence an inheritance dispute/probate dispute on a no win no fee basis.