A widow is now free to sue her late husband’s family after a judge backed a ruling in a previous case that a limited chance of success is not a sufficient reason to dismiss a claim.
Property tycoon Jack Dellal’s wife Ruanne, a former beauty queen, says the £15.4m she inherited was considerably lower than it should have been – claiming her husband’s fortune was secretly given to his family before his death.
His family, including six adult children from previous relationships and his 96-year old sister, applied for her request to sue to be thrown out, arguing her claim was unlikely to be successful.
Such claims can only proceed if there is a real prospect of success, but Mr Justice Mostyn ruled that, as in the recent Vince v Wyatt case, this had limited meaning when applied to the “strike out” rule.
Vince v Wyatt gained significant media attention earlier this year when a woman was given permission to apply for spousal support from her ex-husband, 30 years after their divorce was finalised.
Mr Vince had accumulated considerable wealth since their divorce, while Ms Wyatt was in poor health and struggling financially.
Mr Vince attempted to strike out her application for financial support, arguing she was unlikely to succeed.
However, the judge ruled that defendants cannot apply to strike out a claim on the grounds that it’s unlikely to succeed.
Mr Dellal’s family’s application to strike out Mrs Dellal’s claim for inheritance on similar grounds has been refused and she has been given permission to attempt to sue, despite limited evidence in her favour.
Mr Justice Mostyn said limited evidence is not a reason to strike out her case and that it would be unjust to do so without further investigation or analysis of her allegations. He added that her claim was not “merely a speculative punt.”
The family also argued that Mrs Dellal’s personal wealth would prevent her case from being successful. Although the judge admitted this fact could make an award unlikely, he refused to dismiss it on these grounds.
Mrs Dellal, 61, is thought to be worth £41.5m and has a significant property portfolio, including an £8.5m central London mansion, a £3m Mayfair townhouse and a £5m Hampshire home.
She married Mr Dellal in 1997 and they have two children together, aged 12 and 15. Mr Dellal’s Will was made in 2006, leaving his entire fortune to his wife, but by 2007 their marriage was deteriorating and they both consulted divorce lawyers.
At this point he declared himself to be worth around £400m. Mrs Dellal claimed the £15.4m she was left when he died in 2012 was an “absurd representation of his true wealth”. She said he must have given it away secretly after his Will was made.
Mr Dellal’s household expenditure was very high and he was a notorious gambler, once losing £1.7m in one night. He was born in Manchester to Iraqi parents and began buying and selling textiles and houses in London before establishing his business empire.
It is important to have a qualified legal professional to help you write a Will so that future disputes are avoided. Hiring a Wills solicitor ensures that any future legal obstacles are avoided, so that your estate and possessions are distributed as you intended. Macks Solicitors in Middlesbrough have experienced Wills and Probate lawyers who can help you to write your Will. You can arrange a meeting with one of our Wills solicitors at our offices in Middlesbrough, Darlington or Redcar and you can contact us on 01642 252 828.
