Nixon Wenger Lawyers LLP

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Recent Decisions and Settlements

Varying the will results in an increase to 50% of the estate

A property owner died leaving a will that provided for his common law spouse to receive, from his estate, only the increase in value of his property while the two were living together.  This value amounted to a total of about 7% of the value of the man’s estate.  Andrew sued to vary the will, alleging that given the history and nature of their relationship, she was entitled to much more as the spouse of the deceased.  After a trial, the court agreed, and varied the will, increasing her share from approximately 7% to 50% of the estate.

 

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