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I do recall most of what we discussed though you will hopefully forgive me in that I cannot recall the reason you were seeking to make a claim. Are you able to kindly remind me In this respect?
Thank you. the provision in the will would make a claim against the estate of a lack of provision more difficult in respect of certain types of claim - e.g. lack of knowledge and approval of the will etc. it would not preclude a claim under the inheritance act as this cannot be excluded.
However, from what you say, you would not be making a claim for lack of provision in relation to the estate but rather a claim for breach of trust against the estate - i.e. your spouse owned property on a resulting trust for you (obviously you would need to prove that you paid for the property as you describe and that these monies were not a gift) but assuming this can be satisfied, your claim is as above rather than a claim for lack of provision therefore, the contents of the will are entirely immaterial is if proved, the property in question does not form part of the estate in the first place and therefore does not devolve under the terms of the will
The problem you have is that a presumption of gift can arise as between husband and wife. Accordingly the burden would be upon you to prove that the sum was not a gift. If you cannot do so then you would need to consider whether a claim against the estate would be more beneficial where you may be able to claim a circa 50% share of the estate.
This is a question on which you would need to seek detailed advice following a full perusal of the circumstances and evidence. If the latter is contemplated it is important not to miss the 6 month window to make a claim following grant of probate. If Probate has not yet been applied for then you may wish to consider entering a caveat to prevent probate
So you will need to ensure that you do not miss the 6 month deadline in the event you need to consider a claim against the estate as opposed to a claim for breach of trust for which this deadline does not apply but for which you may need to prove the money was not a gift. For now it is best to assume the deadline does apply.
A claim against the estate would be brought under the Inheritance Act for reasonable financial provision most likely in view of the contents of her will which will likely make other grounds more problematic
I cannot make a recommendation I regret. However I cannot see that it would preclude a claim on the basis discussed above. I would suggest you consider seeking formal representation to assess the quality of your claim